Do I have any legal recourse if my name is Levitra and I have endured endless ridicule since it is also the name of an erectile dysfunction drug?
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Do I have any legal recourse if my name is Levitra and I have endured endless ridicule since it is also the name of an erectile dysfunction drug?
My name is Levitra, yes Levitra. I just want to know if there is something that I can do?
Asked on May 2, 2011 under Business Law, Louisiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, while you have our sympathy, there is no legal recourse for a product having the same name as you--unless you were famous. If you were, you may be able to show that the product was named after you in order to "cash in" on your fame and the market value of your name; for example, The Donald could probably sustain an action against an ED drug named "Trump." However, barring that, there is no protectable interest in your name in the sense of being able to prevent businesses, services, products, or even other people from having the same name.
You could legally change your name, and may wish to consider that option if the ridicule is severe enough.
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