Can You Trademark Your Own Name? Vegas Diner’s Harsh Lesson

“It’s my name, so I can use it for my business, right?” Not so fast. Norman Chan, who runs a 12-table diner in Las Vegas, is learning the complicated answer to this common question. Chan finds himself embroiled in a multi-year trademark dispute with California chain NORMS Restaurant over his right to use his own name—a conflict that perfectly illustrates the challenges small business owners face when their personal names collide with established trademarks.

The NORMan’s Diner Saga

According to a recent article in the Las Vegas Review-Journal, Chan opened his establishment as “Norm’s Egg Cafe” in 2008, later rebranding to “NORM’S Diner” in 2016 when relocating to a strip mall on Durango Drive. The name wasn’t randomly selected—”Norm” has been Chan’s lifelong nickname, and the business was officially incorporated as Norm’s LLC. Like many entrepreneurs, Chan naturally assumed using his own name was perfectly safe.

Meanwhile, NORMS Restaurant, a Southern California chain founded in 1949 and now boasting 23 locations, has owned the trademark for “NORMS” for decades. The company remained family-owned until 2014, when investment firm CapitalSpring acquired it.

The legal tussle began in January 2021 when Chan received a cease and desist letter claiming trademark infringement. Unable to afford legal representation and facing post-pandemic business struggles, Chan attempted to compromise by changing his diner’s name to “NORMan’s Diner”—capitalizing “NORM” while adding lowercase “an’s”—a creative solution that cost him approximately $10,000 for new signage, uniforms, and marketing materials.

When Capital Comes to Town

The plot thickened in October when NORMS opened its first Las Vegas location, marking its first expansion outside California. Suddenly, the previously dormant dispute reignited with new vigor. According to Chan, NORMS CEO Mike Colonna personally visited his establishment, leaving his business card when Chan wasn’t present.

What followed was another round of demands: NORMS now insisted that “orman’s” be spelled entirely in lowercase, claiming consumer confusion resulted from the stylization Chan had chosen. The company attached a draft legal complaint and threatened to sue for trademark infringement and unfair competition.

“I cannot imagine that after their CEO Mr. Colonna visited my establishment in November that he would still consider my 12-table diner as a threat to their restaurant,” Chan told the Review-Journal. This sentiment underscores how puzzling trademark disputes can seem to small business owners who don’t see themselves as competing with larger entities.

Can You Trademark Your Own Name?

This case highlights a common misconception: that people have an absolute right to use their own names for business purposes. In reality, personal name trademarks face several unique challenges:

1. Priority matters more than personal connection. While using your name feels natural, trademark law generally favors whoever establishes rights first, regardless of personal connection to the name.
2. Surnames often receive weaker protection. The USPTO considers surnames “descriptive” rather than inherently distinctive, requiring proof of “secondary meaning” (consumer recognition) before granting full protection. However, once that protection is established—as NORMS Restaurant has presumably done—it can be enforced against later users of similar names.
3. Intent doesn’t override likelihood of confusion. Even though Chan had no intention of capitalizing on NORMS’ reputation, trademark law focuses primarily on consumer perception, not business owner intent.
4. Geographic separation isn’t always protection. Chan might have believed his Las Vegas location separated him from the California chain, but federal trademark registration typically confers nationwide rights, even in areas where the registrant doesn’t currently operate.

Using Your Name in Business

This case offers several critical insights for entrepreneurs considering using their own names in business:

1. Conduct thorough trademark research before launching. A professional clearance search isn’t just a legal formality—it’s essential risk management that can prevent costly disputes. Just because it’s your name doesn’t mean you’re automatically entitled to use it commercially.
2. Consider registration strategies. If you’re determined to use your name, securing federal registration early provides significant advantages. According to the USPTO, federal registration gives nationwide notice of your trademark rights, legal presumption of ownership, and the right to use the ® symbol.
3. Examine ways to make your name distinctive. Simply using your surname alone may create both legal conflicts and marketing challenges. Consider distinctive combinations, stylizations, or adding descriptive elements that differentiate your mark while maintaining your personal connection.
4. Understand enforcement realities. As Chan’s experience shows, the trademark system, while designed to protect legitimate business interests, can sometimes favor those with deeper pockets. Creative compromises may not satisfy a determined trademark owner with resources to pursue litigation.
5. Consider alternatives early. Having a backup name or branding strategy before investing heavily in signage, marketing materials, and customer recognition can save significant expenses if conflicts arise.

The Benefits and Pitfalls of Personal Name Trademarks

Despite the challenges, using your name in business can have distinct advantages:

Benefits:

• Personal connection with customers who know you by name
• Built-in authenticity and personality for your brand
• Potential marketing advantage in industries where personal relationships matter
• Natural fit for professional services or artistic endeavors

Pitfalls:

• Increased risk of conflicts with existing trademarks (names like Smith, Johnson, etc. are common)
• Trademark enforcement complications if disputes arise
• Potential limitations on selling or licensing your business later
• Confusion between personal and business identity

The McDonald’s restaurant chain offers a cautionary tale about personal name trademarks. Though founded by the McDonald brothers, they sold the business to Ray Kroc, who turned it into a global empire. The brothers had to rename their next restaurant because they had sold their rights to their own name in the fast-food business.

The Road Ahead for NORMan’s

As for Chan, he’s agreed to change his branding inside the restaurant and on social media to “Norman’s,” though he maintains he lacks funds to replace the exterior signage again. Whether this will satisfy NORMS Restaurant remains to be seen.

What’s evident from this case is that assumptions about using your own name in business can be costly. As Chan discovered, even when your business name derives from your personal identity, trademark law may not recognize that personal connection as superseding established trademark rights.

For entrepreneurs contemplating using their names in business, the lesson is clear: while your name is deeply personal, in the commercial world, it’s subject to the same trademark rules as any other brand. Proper clearance searches and strategic thinking about how to make your name distinctive in the marketplace aren’t just legal precautions—they’re essential business planning.

In an ideal world, small business owners like Chan would never face such challenges. But in the real world of trademark law, an ounce of prevention is worth far more than the $10,000 in signage costs and the stress of ongoing legal threats he’s now experiencing.

Need help protecting your business name or resolving a trademark dispute? Contact Harrigan IP for a consultation. Our flat-fee trademark services provide clear pricing and real protection for small businesses navigating the complex world of intellectual property.