Rally Round the Trade Name
Explain Whether or Not the Fact that Gabby's Surname Is Rally Gives
Her the Right to Use It Any Way She Wishes
The fact that Gabby's surname is Rally, doesn't give her the right to use the name any way she wishes, especially in commerce. There are no laws that state that a person has any right to a trade name purely based on the fact that it's the person's last name. In commerce, it makes no difference whether a person is using his or her real name-or any other name, for that matter. The issue is whether a person is infringing on someone's trade name. Trade name rights can be obtained either by: (a) common law, or (b) trade name registration (Beckman, 2009). Common law states that the person who first uses the trade name, in a specific geographical region for a sp