Opinion Number

Dear Commissioner Savoie:

This office is in receipt of your recent opinion request regarding the use of names by proprietary schools. Specifically, you raised the following issue for our review:

". . . to request from the Attorney General an opinion regarding the use of names by proprietary schools, which may be construed as misleading."

A similar question was previously addressed by Louisiana Attorney General Opinion No. 98-62. The opinion concluded that the jurisprudence mandated that one must show that there is a "protectable proprietary interest" in the trade mark or name that may exclude…