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by zdragnar
275 days ago
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You can trademark a novel turn of phrase that includes historical figures, but not the actual names, as that falls under the "right of publicity" and protections against false endorsement. So, you could start a new church and trademark "Terr's Church of Jesus Christ", as the trademark covers the organization, but you cannot trademark the name "Jesus Christ" itself. |
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IANAL but I don't think it'd be blocked for that reason: "Right of publicity" is a per-state affair, where it exists it may not be posthumous, where it is posthumous it may not include historical figures, and even if it could apply, there's there's no credible estate/heir of Jesus Christ with standing.
... But I gotta admit it would be amusing to watch someone try to fill that role.
As an example, see Pirone v. MacMillan [0], where there was no posthumous "right of publicity" for Babe Ruth's daughter to draw upon. (At least, not back then.)
[0] https://law.justia.com/cases/federal/appellate-courts/F2/894...