Lkeller said:
And I don't think you can copyright a name - depending on the context. If I opened a fast food joint called McDonald's, the Golden Arches would sue my a** off, and probably win. But if I wanted to open McDonald's Dry Cleaners, or start a radio station called McDonald FM, I think I'd be in the clear.
You cannot copyright a name. You can register it as a trademark or service mark, but first you have to use it, and then you have to keep it in use. When RCA was broken up and sold, they stopped using certain trademarks and lost them. Now, anybody can use Nipper and the horn and the term "His Master's Voice" in the Americas, because RCA's successor, Thomson SA, stopped using the logo and trade name.
The enforceability of a trademark depends on how unique it is. "Kodak" is unique. You cannot offer a "Kodak Pie" or a "Kodak Oil Filter" because "Kodak" is a made-up name that is unique. However, "Johnson" is not unique. Thus, you can have "Johnson's Wax", "Johnson's Baby Shampoo", "Johnson's Foot Powder", and "Johnson's Controls" -- and all are separate companies. Back when Johnson's Wax (SC Johnson & Son) was in the shampoo business they couldn't use the Johnson name for their shampoos. Instead, they used product names like "Haalva", "Herbal Essence", etc.
Spike Lee and the estate of Spike Jones had legitimate challenges to the "Spike TV" name, given that Spike Jones had a TV show and was in movies, and Spike Lee, of course, has a long career in movies. Movies and a TV network are very similar.
However, "AMC" is an interesting case because both American Multi-Cinemas and American Movie Classics are in the business of exhibiting movies (via screens and via TV respectively). The AMC mark is so very common in everything from building supplies to cars (remember American Motors Corporation?) that it gets very hard to stake out an area for a trademark. I'm surprised that the two movie AMCs have so far managed to do so.
But "IBM" is an extremely strong mark, and the only other users of the "IBM" mark put other words with the mark, such as "International Brotherhood of Magicians - IBM".
As for "Nash", that mark goes back decades to such things as the Nash Rambler car, etc. So, I doubt that anybody using the mark "Nash" would be able to challenge the use as a radio format name.
Made-up words are the best, which is why we see words like "Zynga", "Oomba", "Kozmo", "Webvan", etc. Funny, the delivery service, Kozmo, has been out of business for years, and somebody filed a "Kozmo" trademark less than 2 years ago, for the same thing, a delivery service.