quote:
If you named your kid a copyrighted name could they or you be prosecuted?
No. Your legal birth name is yours. However, if you change your name to a previously copyrighted trademark or registered tradename, with the sole intent of fradulently representing said copyright, then you may find yourself in a legal mess. I don't know what the outcome of such a trial would be, but you'd undoubtedly find yourself served to court.
Nevertheless, historically, names have legally been the right of the person who bears the name. Here's an example: McDonald's (McDonald's Co., et al) tries to sue Joe McDonald, who opens a restaurant named McDonald's Eatery. The later McDonald emerges victorious, because he based his company name on his own surname, which dates back to the 17th century.
An interesting addition: the first amendment also plays a role in this. Some have defended their right to a name via the freedom of religion ("this is my God-given name, etc etc").
Oh, have you ever heard about the lady who named her kids Orangejello and Lemonjello? It's a true story, and I'm really not making it up...though you may choose not to believe me due to my less-than-credible track record here on det.net. Anyhow, the names are pronounced Or-ahnge-elo and Ley-mahng-elo.
Poor kids.