Asked in Copyright

Q: We are creating a line of makeup colors named after famous artists. Can we name the colors "Picasso" or "Van Gogh"?

Can we use those names without copyright infringements?

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1 Lawyer Answer

John Espinosa

PREMIUM
Answered

A: This isn't copyright as copyright law does not protect the use of names. This is covered under the right of publicity and possibly trademark law as well, which means you would need permission of their estate to use their name in your product. Here is a resource that helps explain more about the right of publicity: http://lcweb2.loc.gov/ammem/copothr.html

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