They Trademarked Lizzie Borden's Name. Can They Do That?

The Lizzie Borden Bed and Breakfast is the Fall River joint in the house where Lizzie Borden's parents died, possibly under her whacking ax. It's also now the proud owner of a trademark on Lizzie Borden's name. Basically, the B&B is the only entity that can legally sell merchandise in the United States emblazoned with the famous spinster's name. But can they do that?

Yes, you can trademark the name of a dead person, even a famous one, as long as you have been using the name to sell your stuff.

According to U.S. trademark law, you cannot trademark "the name, portrait, or signature of a particular living individual except by his written consent, or the name, signature, or portrait of a deceased President of the United States during the life of his widow, if any, except by the written consent of the widow." That means that dead people are fair game, right? For the most part, unless it's a dead U.S. president with a living widow, the public has fairly broad rights to use a dead person's name and likeness. (The name of the first straight female or gay male president will be stuck in legal limbo forever.) But, there are a few exceptions.

If the trademark "disparage[s] or falsely suggest[s] a connection with persons, living or dead," it can also be denied. Presumably, the B&B's trademarked demonic Lizzie Borden bobblehead doesn't disparage our acquitted murderess. The trademark claim could also be denied if Borden were to have an heir who benefited from her rights of publicity. She does not, and so the trademark goes to the Lizzie Borden B&B, which was the first to apply for it.

So, it's legal, yes, but, if the comments on the Fall River Herald News's story about the trademark are anything to go by, it's anything but popular. Of course, there are also those, like "munkybunky," who don't care: "It's amazing that people can get so patriotic about a murder site. Money and murder. Stupid!"