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Updated about 15 years ago, 10/14/2009

User Stats

142
Posts
25
Votes
Phil C.
  • Accountant
  • MN
25
Votes |
142
Posts

Copyright and Company Name

Phil C.
  • Accountant
  • MN
Posted

Can I use the name of a character from a well-know book in the name of my company that I plan on starting? I have not found many resources on-line that deal with this issue.

Bonus Points: Guess the name of the character

Thanks everybody!

User Stats

1,786
Posts
464
Votes
Eddie Ziv
  • Investor
  • Mableton, GA
464
Votes |
1,786
Posts
Eddie Ziv
  • Investor
  • Mableton, GA
Replied

You mean like Tom Swift or Indiana Jones? Well, if the book is PB (Public domain) then there is no problem. Also, if you use only the first or the last name, it shouldn't be a problem. Usually, it's not a problem if you don't use logo, symbols or Avatars that insinuate connection to the book... That would be my take on it but you should consult with domain /creative rights lawyer.

User Stats

22,059
Posts
14,124
Votes
Jon Holdman
  • Rental Property Investor
  • Mercer Island, WA
14,124
Votes |
22,059
Posts
Jon Holdman
  • Rental Property Investor
  • Mercer Island, WA
ModeratorReplied

Copyright is not the issue here, trademarks are. If its something from current pop culture then its almost certainly trademarked. Anything that has the circle R symbol is a registered trademark. Anything with circle C is an unregistered trademark. "Indiana Jones" for example is certainly a trademark and could not be used. The media companies will vigorously defend their trademarks.

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User Stats

1,786
Posts
464
Votes
Eddie Ziv
  • Investor
  • Mableton, GA
464
Votes |
1,786
Posts
Eddie Ziv
  • Investor
  • Mableton, GA
Replied
Originally posted by Jon Holdman:
Copyright is not the issue here, trademarks are. If its something from current pop culture then its almost certainly trademarked. Anything that has the circle R symbol is a registered trademark. Anything with circle C is an unregistered trademark. "Indiana Jones" for example is certainly a trademark and could not be used. The media companies will vigorously defend their trademarks.


You're right Jon. Try to use Mickey Mouse and see Disney all over you. Although, come to think of it, I doubt if anyone would call his or her company... Mickey Mouse... Like Mickey Mouse properties or Mickey Mouse acquisitions... Not real flattering.

User Stats

94
Posts
10
Votes
Mike W.
  • Rental Property Investor
  • Twin Cities, MN
10
Votes |
94
Posts
Mike W.
  • Rental Property Investor
  • Twin Cities, MN
Replied
Originally posted by Phil Christenson:
Can I use the name of a character from a well-know book in the name of my company that I plan on starting? I have not found many resources on-line that deal with this issue.

Bonus Points: Guess the name of the character

Thanks everybody!

John Galt

I looked up business names in MN and there are 3 businesses with the name John Galt in them and a number more with just Galt.

User Stats

142
Posts
25
Votes
Phil C.
  • Accountant
  • MN
25
Votes |
142
Posts
Phil C.
  • Accountant
  • MN
Replied

Mike - Genius. You get 10 extra points.

How did you guess?

I can't imagine having too many problems with this unless we get huge. Prob be safe to check with the lawyer just in case.

Thanks guys.

User Stats

1,786
Posts
464
Votes
Eddie Ziv
  • Investor
  • Mableton, GA
464
Votes |
1,786
Posts
Eddie Ziv
  • Investor
  • Mableton, GA
Replied
Originally posted by Phil Christenson:
Mike - Genius. You get 10 extra points.

How did you guess?

I can't imagine having too many problems with this unless we get huge. Prob be safe to check with the lawyer just in case.

Thanks guys.

In this great pillar forum of Capitalism it is quite expected to use a fictional name from Ayn Rand's novel...

User Stats

142
Posts
25
Votes
Phil C.
  • Accountant
  • MN
25
Votes |
142
Posts
Phil C.
  • Accountant
  • MN
Replied

I should've expected as much.

Do you guys like the idea of using the name? Too cliche?

I was thinking that the clients that have read the book would be more likly to choose us over another name with less significance. It would also provide liability protection a some extent - just one more layer of protection then having my own name attached to the company. And the main reason - I love when people who are not familiar with the novel ask, "Who is John Galt?"

User Stats

13,450
Posts
8,349
Votes
Steve Babiak
  • Real Estate Investor
  • Audubon, PA
8,349
Votes |
13,450
Posts
Steve Babiak
  • Real Estate Investor
  • Audubon, PA
Replied
Originally posted by Eddie Ziv:

... Try to use Mickey Mouse and see Disney all over you. Although, come to think of it, I doubt if anyone would call his or her company... Mickey Mouse... Like Mickey Mouse properties or Mickey Mouse acquisitions... Not real flattering.


True story.

Back in the 1980's, there was a go-go bar in the Phila suburbs that called itself "Mickey's Mouse" - until Disney discovered.

User Stats

1,727
Posts
836
Votes
Dave Toelkes
  • Investor
  • Pawleys Island, SC
836
Votes |
1,727
Posts
Dave Toelkes
  • Investor
  • Pawleys Island, SC
Replied

Better pick another name, John Galt is already a registered business name. John Galt is a contract employment agency in Boston.

On their website, they even acknowledge that the name of their company was inspired by the classic Ayn Rand novel,. http://j-galt.com/