Hedge Fund Names: What a Hedge Fund Manager Should Do Before It Starts Using a Name

In the wake of the growth of the hedge fund industry over the last decade and the continuing pace of formations of new funds and management companies, selecting a name for a new management company or fund which has not been previously claimed is increasingly difficult. It also means that obtaining trademark protection for a name is increasingly important. Many of the obvious names (e.g., of trees, birds, constellations and mythological entities) are already taken. Other seemingly promising names, although no longer in use, have been tarnished by their past use (whether due to scandal or poor performance) and are not viable candidates for a new manager or fund. And failing to verify that a name is “free to use” for trademark purposes can be a surprising and expensive mistake.

The authors of this article are from the firm’s intellectual property, sourcing & technology and investment management practices and have represented funds in all stages of their business, including formation, name clearance and licensing and protecting intellectual property and information technology assets.