The Legal Status of the Nickname, by Olivier Iteanu

Olivier Iteanu has been a lawyer at the Court of Appeal of Paris since 1989. He is the author of the first book ever published on French law and the Internet in April 1996: “Internet and law – legal aspects of electronic commerce” and ” The digital identity in question” in April 2008, published by Editions Eyrolle. The nickname is everywhere. This is what we propose Colombia WhatsApp Number to review through the two phases of a nickname’s life. First of all, his choice which is not neutral on a legal level. Then, the use of the nickname which also has legal limits that we will try to draw. Choosing a nickname is a legal gesture The choice of a nickname is not a neutral act.

Choosing a Nickname Is a Legal Gesture

The same code prohibits anyone from taking a mark if it infringes a prior right and “the right of the personality of a third party, in particular his patronymic name, his pseudonym” (Art. L711-4 of the Code of intellectual property). Colombia WhatsApp Number Thus, not only does the pseudonym have, in the absence of a legal status, a legal existence, but it has protection as such. The highest court noted that a performer in the field of music had adopted a pseudonym. However, its producer, with whom it was going to come into conflict, had registered this same pseudonym as a trademark at a later date.

The Court Recalled That a Trademark

Colombia WhatsApp Number
Colombia WhatsApp Number

If the choice of nickname is temporary or limited to private use. The approach of a prior art search seems exaggerated, especially since such an approach has a cost. Colombia WhatsApp Number The second consequence of the possibility of filing a pseudonym as a trademark is that it can acquire increased protection by filing it as a trademark. The other limit to the choice of a nickname is the existence of a pre-existing surname. Most often, the nickname reproduces the surname of a known personality. The question of whether or not a pseudonym can reproduce the surname of a third party is tricky. This third party could indeed claim that the reproduction of his name, or even his pseudonym, constitutes a usurpation of his identity.

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