Q: Does the ownership of a trademark exclude others from using the same name who is not involved in commerce or trade?
A woman I know has adopted the same name as mine. This woman claims that she has trademarked it. To the best of my knowledge this woman does not engage in commerce or trade. TESS does not show any listing of a trademark issued in that name. I am not engaged in commerce or trade. This woman says that I am not allowed to have the same name that she uses.
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A: You may have a claim for misappropriation of your likeness / right of publicity and potentially unfair competition, it's most likely not a trademark violation however.
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