Legal Question in Intellectual Property in California
Name rights in minor characters in a novel or show
If a business or product is named after a minor character, place or group in some rare novel or show, what are the legal implications? A full trademark search shows no other uses of the name, except as stated (usually this is a fantasy character or place) we have accidentally matched in our own creativity. Though clients do ask us about rare Startrek names, for example.
3 Answers from Attorneys
Re: Name rights in minor characters in a novel or show
If you start selling Harcourt Fenton Mudd dolls, expect to be sued by Paramount.
Re: Name rights in minor characters in a novel or show
We can assist you in negotiating permission to use the name you appear to already be using. Contact me or our CA member firm. NanceGroup.com
Re: Name rights in minor characters in a novel or show
This kind of thing requires an evaluation of the specifics, and can't be answered in a general way.
You should arrange for an consultation with an attorney who can evaluate this for you.
Our office can handle this kind of work, and any required negotiations, licensing, etc.
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