You do not copyright a name. You "trademark" it (trademark is not a verb).

One would need to look at the specific circumstance, but in general, if the public is not confused by someone using your Mark, then there is not a legal action to take for infringement. However, there may be other legal actions available. See a business/IP lawyer near you to discuss.

To answer your question, yes, you can pursue a legal claim. First step to protect your intellectual property, is to send a cease and desist letter to the comic book company. If they refuse to rename the series, then the next step is to seek a court order to prevent them from releasing the comic. This is called an injunction. Of course, I do not have enough information to tell you whether you will win your case. This is a fact-specific issue.

You did not ask, but I will offer this additional advice. There is a difference between whether you can do something and whether you should do something. Do you believe that your pizza shop will lose business because the comic series has the same name? Are they using the same logo as your shop's logo? Is there a way for you to turn this comic series into a money-making opportunity for your pizza shop? I encourage collaboration between artists.

On the other hand, please understand that the law is clear. If you do not protect your intellectual property from infringement, you will lose your property in the future.

Good luck.

Sharmil McKee | Business Attorney | Philadelphia