Turner v. Torre, 3:12-cv-02478

Plaintiff Edward L. Turner, an inmate, filed this civil action in the Northern District of California seeking money damages for allegedly infringing his trademark and copyright in his own name.
The court granted his in forma pauperis status in a separate order and reviews the complaint under 28 U.S.C. § 1915A.
Plaintiff alleges defendants—county officials, attorneys, and police officers—used his name in various documents.
Plaintiff argues his name is protected by trademark and copyright; he seeks damages from the defendants for these uses.
The court liberally construes pro se pleadings but finds the complaint fails to state a cognizable claim for relief under Twombly and Erickson standards.
Conclusion: the case is dismissed, the Clerk shall enter judgment, and the file closed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Turner states a cognizable trademark/copyright claim in his own name	Turner asserts his personal name is protected by trademark and copyright	Defendants contend personal names cannot be trademarked or copyrighted	Yes; the claim is not cognizable and is dismissed

Balistreri v. Pacifica Police Dep't, 901 F.2d 696 (9th Cir. 1990) (liberal construction of pro se pleadings; basic pleading requirements)
Erickson v. Pardus, 127 S. Ct. 2197 (U.S. 2007) (plaintiffs must provide grounds of entitlement to relief; avoid mere labels)
Twombly, 550 U.S. 544 (U.S. 2007) (plaintiffs must plead plausible claims beyond mere speculation)
Abraham Zion Corp. v. Lebow, 761 F.2d 93 (2d Cir. 1985) (personal name and descriptive terms generally not registrable as trademarks)
Kitchens of Sara Lee, Inc. v. Nifty Foods Corp., 266 F.2d 541 (2d Cir. 1959) (names no copyright protection; same analysis as trademarks)