Data What’s Your Name — Privacy Considerations
It’s what identifies you in elevator chats to mortgage applications. No matter where you see personal identification data, you will see your Name first and foremost.
Jay-Z and Beyoncé made headlines when they applied for a trademark for their daughter’s Name, Blue Ivy. Beyoncé was planning a line of baby products named after her offspring, but several other companies had filed competing trademark applications shortly after the little girl’s birth.
Though few infants seek trademarks, it’s common for celebrities to trademark their names to protect themselves from people who want to make a profit by using their Name without permission.
If famous people are trademarking their names, you may be wondering, “Should I trademark my name too?”
For most people, the answer is no. The fact is, you can only trademark a name if you use it in your business. And you’ll have to show that people are likely to think of you and your goods or services when they hear the Name.
If you use your Name for the business and are well known by the consuming public, registering a trademark for it might be a good idea.
Things to Consider
Context: Of course, the rules of how somebody should handle your Name (YN) from a data ownership perspective is context-specific. For instance, when using it for the publication of a book you’ve authored, the best practices will be different than when you use it for a mortgage application.
Freshness and Reliability: As most people have one or two names for most of their lives, the freshness of this data is not as important as your credit score, for instance.
Risk of Fraud: The risk of having YN used for fraud is fairly high and becomes more so when combined with another data element such as an SSN. To be sure to take this seriously, follow the best practices found on the FTC website HERE.
Cost to Cleanup: The cost of cleaning up the misuse of YN online is handled through Reputation Management. The price and timeline for doing this are often high, costs often in the thousands. Of course, the cleanup of it in cases of fraud are far more costly
Your uniqueness: If you are interested in seeing how many people in the US have your exact Name, you can check it out here. For instance, I am the only Dominic Gadoury in the USA.
Age to Consent it’s Use and Change: In most states like NY, a child who is 14 years or older must sign a consent form for a name change.
Illegal Use of Name and “Likeness”: In most states, you can sue for someone using your Name, likeness, or other personal attributes without permission for an exploitative purpose. Usually, people run into trouble in this area when they use someone’s Name or photograph in a commercial setting, such as in advertising or other promotional activities. Some states also prohibit the use of another person’s identity for the user’s benefit, whether or not the purpose is strictly commercial. Two distinct legal claims potentially apply to these kinds of unauthorized uses: (1) invasion of privacy through misappropriation of Name or likeness (“misappropriation”); and (2) violation of the right of publicity. (The “right of publicity” is the right of a person to control and make money from the commercial use of his or her identity.) Learn more HERE.
