Using a Historical Figure to Market a Business
Hello,
I am starting a business and before I get too far I wanted to see if someone could answer this question for me. I want to use the name and likeness of a historical figure for my packaging, marketing, and the name of the product. Is that ok to do or will I end up in legal trouble. This person has been dead for hundreds of years so I don't foresee it as an issue but I just wanted to check. Thank you.
Re: Legality of Using a Historical Figure in My Business
Well, that would depend on the historical figure. Most are probably OK. There are a few that there are very active trademark rights asserted upon. It would also depend on how you use it compared to someone else making a trademark user of it. Also note that the likeness you intend to use may be a more recent rendering and you may need to check the copyright status on that.
Re: Legality of Using a Historical Figure in My Business
Public figures who have been dead for hundreds of years, by and large, are fair game. However, as flyingron indicates, you still have to check for trademarks that may conflict with yours. Ethan Allen has been dead for a long time, but you're going to have an issue if you try to use his name to sell furniture -- but there's no plausible claim to royalties by his estate.