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Naming My Pens


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For clarity, I am a lawyer for a well known branded company and know of what I speak. You would do well to contact a licensing agency such as Icon Partners, LLC in NY for a start.

Then you win and I defer, for sure! After all, my advice was to talk to a lawyer. One hour of time shouldn't cost too much, and is probably enough to find a naming strategy that wouldn't require licensing costs.

 

I would have to guess that there is some expiration of the need to license names of "real people" at some point, right? Is there a date where I can choose someone who died prior to that date and be safe? Or is it only when their estates stop operating? Are you safe using only the family or first name and not the full name? Or is that something that might work for Isaac Newton but not "Einstein" or "Cher"? These are some of the questions I'd ask a lawyer.

 

I think that there are two different issues here; the licensing of right to use a specific person's name/likeness/etc, and "trademark" rights. You could skip the potential cost of the lawyer by not using people's names, and google would help you avoid trademark infringement.

Edited by mrcharlie
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For clarity, I am a lawyer for a well known branded company and know of what I speak. You would do well to contact a licensing agency such as Icon Partners, LLC in NY for a start.

Then you win and I defer, for sure! After all, my advice was to talk to a lawyer. One hour of time shouldn't cost too much, and is probably enough to find a naming strategy that wouldn't require licensing costs.

 

I would have to guess that there is some expiration of the need to license names of "real people" at some point, right? Is there a date where I can choose someone who died prior to that date and be safe? Or is it only when their estates stop operating? Are you safe using only the family or first name and not the full name? Or is that something that might work for Isaac Newton but not "Einstein" or "Cher"? These are some of the questions I'd ask a lawyer.

 

I think that there are two different issues here; the licensing of right to use a specific person's name/likeness/etc, and "trademark" rights. You could skip the potential cost of the lawyer by not using people's names, and google would help you avoid trademark infringement.

Here's a test-if it smells even a little bad, it's probably bad and your gonna get sued by somebody. As opposed to trademark rights, rights of publicity and rights of celebrity are state based so while in one state one's right to a name may only survive for say 10 years after death, in the next state over it could last in perpetuity, so either way you run the risk of getting sued when you use a famous Person's name without their consent. So see point above re numbering system. Why do you think it's so popular with cars, other pens, cameras etc? If using famous people's names was so easy, it would be more popular and I'm sure the ones that have pens in honor of famous persons get the estate's consent. To do otherwise is just damn foolhardy, considering the investment to launch a new product.

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Okay - so here's where I'm at right now. Using my name Newton as a jumping off point and getting inspiration from the works of Sir Isaac Newton...

 

Other ideas: Principia.

http://newtonpens.files.wordpress.com/2012/11/img_3752.jpg

 

 

 

 

Other Ideas: Gravitas.http://newtonpens.files.wordpress.com/2013/02/002.jpg

 

 

 

 

Other ideas: Momentum.

http://newtonpens.files.wordpress.com/2012/07/00754.jpg?w=700&h=

 

 

 

 

Other ideas: Inertia.http://newtonpens.files.wordpress.com/2013/03/0143.jpg

 

 

Thoughts?

 

:)

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I do think I advocate for reversing "Principia" and "Momentum" based on the conveyance of movement in the shape of Pen #1, and your initial assertion that #3 was "the first sort of nice pen that I ever made." I'm curious what the public-at-large thinks, though--I can sometimes be wildly out of step.

 

Beyond that, I'm all for it! (And a few quick web searches turn up no eminent domain, to boot!)

Standard Disclaimer: I am 100% an independent agent, not affiliated with any retailer or company in this industry! I also strive to avoid fanboy-ism in all its forms, evaluating any and every product from a zero baseline without prejudice or preconception.

 

http://www.nerdtests.com/images/badge/nt2/31694d2d57d1068a.png

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Other ideas: Momentum.

http://newtonpens.files.wordpress.com/2012/11/img_3752.jpg

 

 

Other ideas: Principia.

http://newtonpens.files.wordpress.com/2012/07/00754.jpg?w=700&h=

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Some instant ideas:

 

- The white and orange one makes me think of these pipes made of what we call in french "écume de mer", as the white material becomes orange with time and use. So how about "Ecume" (pronounce ay-q'hm) for this one ?

- Seeing the green and brown marbled one, the name "Sumo" pops up.

- The black and orange one without trims, which looks like a 1920s vintage pen, makes me think of "Belle époque" (bell epoch).

- The wooden-looking one without trim makes me think of a "Katana", or in a less japanese context, "Pure essence", "Purity".

 

Now my humble remarks about what's been already said:

I've read the topic, and I can't really see the link between the models and the physics' denominations.

- The wooden one inspires fluidity, smoothness, simplicity, so "Inertia" would be the complete opposite of what the shape suggests.

- "Momentum" implies the idea of rotation, and its conservation (oh, theorems) implies symmetry. So that wouldn't be adapted to a pen with a clip.

- "Gravitas" could be giving joke ideas for that model, as it indeed seems it has spent a little too long a while on a high gravity planet, facing the elements. This nearly sounds sarcastic, if you see what I mean.

http://i.imgur.com/bZFLPKY.jpg

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As a former computer systems administrator, we often chose names for servers based on a theme. One person I worked with chose to have one group of machines based on films by a certain austrian/american actor (terminator, commando, barbarian, etc) and another set with names based on hitchcock films (lifeboat, frenzy, sabotage, etc). I once had servers based on feline species (jaguar, lynx, puma, lion, tiger, etc) when I worked at a company with Lion in the name.

 

There is a TV show that names its episodes after songs by a certain artist/band, and they change the artist each series/season.

 

Anyway, I've been trained to like the use themed names related to/varieties of some topic/category/person. Whatever it is, make it something you like; you will be the one living with these names for a while.

 

If you are going to go with things related to the name "Newton" like you've posited above, I like it, and you certainly have a lot of room to work in. The (I think) most famous Newton did significant work in (at least) gravity, laws of motion, optics, math/calculus, and he was even a dedicated alchemist. "Transmutation" or some other alchemical term might sound nice and appropriate for some pen. Something related to "integration" might work also. If you have a real curve-ball of a shape, go with "Fig".

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Hi W_A

 

I really think the Newton theme is the goer in this bunch - it's your name, after all, and the titles you mentioned instantly connect to the name.

 

In film we have to hire someone specially to deal with the messy maze of name copyright, where it's know just as 'clearance', and, frankly, you don't want to know! Companies are becoming extremely aggressive in their claims on exclusivity, and my advice is just side-step the whole thing!

 

Pick something as safe as you can imagine, and just run it past a specialist before you advertise - these folk can squirt the names through their databases, and that shouldn't cost much.

 

Don't forget to name one pen 'The Apple',

 

er, wait a mo,

 

 

oooooooooooooooooooops!

 

ETA

It used to be the case that this was only a problem if you were marketing a computer called Apple, but nowadays I'm not so sure!

Edited by beak

Sincerely, beak.

 

God does not work in mysterious ways – he works in ways that are indistinguishable from his non-existence.

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How about naming them after your grandmother, mother, sisters, wife, daughters, etc.

Gilberto Castañeda

 

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Shawn,

 

Remember when life was simple?

 

And all you want to do is make pens that people like! :D

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:roflmho:

If everything stays simple then there is no growth and improvement. :)

 

There is always room to grow and expand, or learn and improve.

I love this stuff.

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How about naming them after meteorological events - your pens have a certain earthiness quality to them; e.g. Sandstorm, Tsunami, Tornado, Earthquake, Blizzard, N'or Easter, Tidal Wave, White Out, Sun Shower, Sunset, Sundown, Full Moon, Ice Storm, Darkness, DayBreak, Overcast, etc.

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I like the latest set of names. Momentum sounds rather cool to me, and I think it suits the shape of the pen well. I think you are on the right track with these ones Shawn.

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A name should MEAN something. I have a big 'ol Indian eyedropper, a Ranga, that I call Steve. I named him for Steve McQueen who starred in the movie "The Blob". Every once in a while Steve reminds me of the movie...

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I like the idea someone had about using the scholarship recipients- that hasn't been done! Or How about rocks ( Hot Springs area). Or the People who bought your first of each ( like the Dr.)

 

 

Ooooh! The ideas get better and better.

vanness1938@sbcglobal.net

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Selling fountain pens, ink, paper & related items since 1938

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I like the idea someone had about using the scholarship recipients- that hasn't been done! Or How about rocks ( Hot Springs area). Or the People who bought your first of each ( like the Dr.)

 

 

Ooooh! The ideas get better and better.

 

I really like the idea of naming them after scholarship recipients. That idea may blow the whole science theme right out of the water. :)


We Give Away Scholarships! - Support High School Students Going to College

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I like the idea someone had about using the scholarship recipients- that hasn't been done! Or How about rocks ( Hot Springs area). Or the People who bought your first of each ( like the Dr.)

 

 

Ooooh! The ideas get better and better.

 

I really like the idea of naming them after scholarship recipients. That idea may blow the whole science theme right out of the water. :)

I suggested the scholarship recipients on your Facebook page, so if you go that route I of course think it would be brilliant

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