Can I use the name of a famous character for my own product?
November 13, 2022 | 45,00 EUR | answered by Verena Friedendahl
Dear copyright lawyer,
I am Dennis Seebauer and I have a question regarding the use of the name of a famous character for my own product. I am planning to launch a new product on the market and have an idea to use the name of a well-known character from film and television for it. However, I am not sure if this is legally allowed and if there could potentially be copyright issues.
The situation: The character whose name I would like to use for my product has been present in various media for many years and has a large fan base. Although my product is not directly related to the character, I believe that the name would fit well with my product and could make it more appealing to potential customers.
My concerns: I am worried that using the name of the character without permission could have legal consequences. I do not want to take any risks and would only launch my product once I am certain that using the name is legally permissible.
My question: Is it allowed to use the name of a famous character for my own product, even if the product has no direct connection to the character? Are there any possible solutions or alternatives to avoid legal issues? I want to make sure that I comply with all legal aspects before launching my product.
Thank you in advance for your help and advice.
Sincerely,
Dennis Seebauer
Dear Mr. Seebauer,
Thank you for your inquiry regarding the use of the name of a famous character for your own product. This question is indeed legally very complex, and it is important to consider all aspects of copyright in order to avoid legal issues.
First of all, it is important to understand that the name of a character can be copyrighted in many cases. This means that using this name without the permission of the rights holder can have legal consequences. Especially if the character is already present in various media and has a large fan base, it is likely that the name is protected as intellectual property.
If your product does not have a direct connection to the character, using the name of the character to benefit from their popularity could still be considered a copyright infringement. In this case, the rights holder of the name could take legal action against you to prohibit the use of the name and possibly claim damages.
To avoid legal issues, I recommend first checking whether the name of the character is actually copyrighted. You can do this, for example, by searching the trademark register or seeking legal advice from a copyright lawyer. If the name is protected, it is advisable to obtain the permission of the rights holder before using the name for your product.
Alternatively, you could also use a modified form of the name that cannot be directly associated with the character. This way, you could avoid potential legal issues, as the modified name would not be considered a copyright infringement.
In any case, it is important to carefully consider all legal aspects before launching your product. A copyright lawyer can help you assess the risks and find possible solutions to avoid legal issues.
I hope that this information has been helpful to you and I am available for any further questions.
Best regards,
Verena Friedendahl
Copyright Lawyer
