Trademark based on fictional business name from copyrighted fictional work

[Comcommittal]

What is the name of your state? NH

What would be the legality of basing a trademark (the name of a real business) on the name of a business found in a copyrighted work of fiction?

 

[divgradcurl]

What is the name of your state? NH

What would be the legality of basing a trademark (the name of a real business) on the name of a business found in a copyrighted work of fiction?

Generally, short phrases, words, and titles cannot be copyrighted on their own, so most likely, if the name of the business were otherwise trademarkeable, then you could trademark the name. That doesn't mean the copyright owner won't get upset and try to sue you, but it does mean that they may not have a case. As always, you should discuss this with an attorney with experience in trademarks before spending a lot of money and effort.

 

[Comcommittal]

Thank you for your reply. I believe the name is otherwise trademarkeable -- in any case I would verify that it is. I see your point. I wouldn't want to use it if I thought I was likely to be sued, but I guess that's tough to predict. That's good advice, I'll be sure to consult an attorney if it seems worth pursuing. Thank you once again.