Hello, there is a unique name from a series of books (not central to the plot but none-the-less unique and in the series) and I was wondering if it was legal to use this unique name as a business name? So for example, if the unique name was "Unique Name Business", could I use "Unique Name Business" as the name of my business (also for Doing Business As)? There is no trademark for the name, though I am not sure if it was allowed due to it being in a body of work that is protected (trademark, copyright). Thanks for your time.
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Copyright Using Fictitious Name from story as Business Name - Legal?
- Thread Starter hobolaw
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army judge
Super Moderator
I suggest you seek a written, legal opinion from a lawyer in your county or city.
Don't risk your business by soliciting the advice of anonymous strangers via the Internet.
Don't risk your business by soliciting the advice of anonymous strangers via the Internet.
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I agree and thank you for the advice. I was just hoping someone would know if it was a definite yes or no. A murky answer would certainly require legal counsel but if someone was knowledgable on the subject and simply said "no" and explained why, I would not need to go down that path.
Proserpina
Moderator
This one is going to be somewhat murky, I'm afraid
If you were to open up a store called Snape's Supplies, unless Snape was actually your last name you'd probably have JK Rowling's people after your head. You can imagine how fun that would be (and even if Snape IS your last time you can still face problems).
If you were to open up a store called Cratchett's Condiments, you likely wouldn't have the same problem though I suppose a case might be made that although the copyright may have expired, it is still associated well enough with Dickens that it would rain at least a little havoc on you.
Taking ABC Brooms from a book and actually opening up a store called ABC Brooms is just asking for trouble.
Copyright law is by its very nature inherently complex. You can end up delving into "fair use" and "satire" and STILL end up on the wrong end of a lawsuit. This one needs an attorney, and you'd be well advised to do nothing without having a good attorney backing you up.
Love,
Sally's SuperBowl...wait, I can't use that. Sorry.
If you were to open up a store called Snape's Supplies, unless Snape was actually your last name you'd probably have JK Rowling's people after your head. You can imagine how fun that would be (and even if Snape IS your last time you can still face problems).
If you were to open up a store called Cratchett's Condiments, you likely wouldn't have the same problem though I suppose a case might be made that although the copyright may have expired, it is still associated well enough with Dickens that it would rain at least a little havoc on you.
Taking ABC Brooms from a book and actually opening up a store called ABC Brooms is just asking for trouble.
Copyright law is by its very nature inherently complex. You can end up delving into "fair use" and "satire" and STILL end up on the wrong end of a lawsuit. This one needs an attorney, and you'd be well advised to do nothing without having a good attorney backing you up.
Love,
Sally's SuperBowl...wait, I can't use that. Sorry.
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