Naming one of my perfumes

[Agelessking56]

What is the name of your state? Pennsylvania

I'm soon to be launching a fragrance line. I wanted to name one of my original fragrances after my biological sons only daughter. My question is can my granddaughters biological mother sue me for doing that? Her and my son have never been married and they no longer get along.

 

[Taxing Matters]

She may sue you over it on your granddaughter's behalf, though whether she'd be successful is another matter. That will depend on the terms of the child custody order or agreement they have. I recommend you go over all the facts with an intellectual property lawyer to discuss what the possibilities are. If the mother has legal and physical custody of the child the safest thing you could do is get the mother's written permission for it but if she doesn't get along with your son that's probably not going to happen.

Legal issues aside, I recommend you not do it. Kids when they get older sometimes resent having their names/images used by relatives on social media or for commercial purposes and I've seen that drive a wedge between the kid and the relative. I'm sure you think you are honoring her by doing that but she may not see it that way as she gets older. She may not want to be connected to the perfume and that can cause unnecessary damage to your relationship with your granddaughter. When she's 18 and may legally give consent that would be the time I'd ask her if she'd be ok with it.

 

[quincy]

What is the name of your state? Pennsylvania

I'm soon to be launching a fragrance line. I wanted to name one of my original fragrances after my biological sons only daughter. My question is can my granddaughters biological mother sue me for doing that? Her and my son have never been married and they no longer get along.

Anyone can sue for pretty much any reason at all but I cannot see any merit to a lawsuit filed against you solely because you named a fragrance after your granddaughter. Using your granddaughter’s image, on the other hand, would be a problem.

Before settling on a name for your fragrance, make sure you have done a thorough trademark search so your preferred name does not infringe on anyone else’s trademark rights.

 

[adjusterjack]

wanted to name one of my original fragrances after my biological sons only daughter.

How old is your granddaughter?

What is her name that you want to use?

 

[quincy]

How old is your granddaughter?

What is her name that you want to use?

The answers to both of those questions, regardless of the answers, would not affect the legality of naming the fragrance after the granddaughter.

What would affect the legality is if the granddaughter’s name is already a trademark or marketing the fragrance relies on any of the granddaughter’s personality rights.

 

[STEPHAN]

You should not build a business based on advice from an internet forum. Instead, see an intellectual property lawyer.

 

[zddoodah]

I wanted to name one of my original fragrances after my biological sons only daughter.

What exactly does this mean. Let's say your granddaughter's name is Mary Ann Smith. Do you want to call it "Mary"? "Mary Ann"? "Mary Ann Smith"? Obviously, the example I used is full of extremely common names. Are any of your granddaughter's names uncommon?

can my granddaughters biological mother sue me for doing that?

First, anyone can sue anyone for anything. I assume your real question was whether she would have any viable claim, but that can't be assessed without knowing the specifics of the name, which you shouldn't post online.

Second, why do you keep using adjective "biological"? Why "biological son" and not just "son"? Why "biological mother" and not just mother? Have one or both of these folks been adopted?

 

[quincy]

You should not build a business based on advice from an internet forum. Instead, see an intellectual property lawyer.

That should go without saying - especially since it is part of this site’s terms of service and is part of the important NOTICE that appears at the bottom of every page of this forum - but it is always good to emphasize that information and advice offered by strangers on an internet forum should never take the place of legal advice offered by an attorney licensed to practice in one’s own jurisdiction who has access to, and can personally review, all of the facts.

Trademark law, however, centers on consumer confusion so, with no consumer confusion generated by the use of a name, it is hard to support a trademark infringement claim. There potentially can be a violation of personality rights if the name that is selected for use is unusual or famous enough to identify a single individual (for example, like Cher or Madonna, whose names are also trademarks).

This sounds more like a family member dispute rather than a legitimate legal dispute but a personal review by an attorney in Pennsylvania could determine that best.