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Ask HN: Can I use a name from a novel for my company?

5 pointsby um304about 11 years ago
I&#x27;m a fan of George R R Martin&#x27;s A Song of Ice and Fire and among many things, I like his creativity with names. I was wondering if I can use a name from his series for my company. Perhaps I should ask this question directly from him, but he seems unapproachable.<p>So the question is, is it fine if I use a name from his books for my company without informing him in advance? Is there any legal problem with it? Is there any moral problem with it? If yes, how would you avoid them? Have you ever borrowed name of your company from a book?<p>Any hints&#x2F;clues&#x2F;ideas will be appreciated.

4 comments

drallisonabout 11 years ago
Consult a lawyer and get an opinion letter. Copyright is unlikely to apply to names (see <a href="http://www.copyright.gov/help/faq/faq-protect.html" rel="nofollow">http:&#x2F;&#x2F;www.copyright.gov&#x2F;help&#x2F;faq&#x2F;faq-protect.html</a>). Patents clearly do not apply. Character names may be trademarked, but it is likely using a name from the book for your company will not introduce confusion by conflicting with another use of the same &quot;mark&quot;. (See <a href="http://www.uspto.gov/trademarks/process/index.jsp" rel="nofollow">http:&#x2F;&#x2F;www.uspto.gov&#x2F;trademarks&#x2F;process&#x2F;index.jsp</a>)<p>Using a name from a book brings along a lot of baggage, some of which you might want, but some, not so much. No matter what, it&#x27;s complicated.
pedalpeteabout 11 years ago
I agree with pmtarantino, about contacting the publisher, but you can also use those names as inspiration.<p>Duran Duran (the music band from the 80s) apparently got their name from Barbarella, but when I looked for the Duran Duran Barbarella, we get Dr. Durand Durand.
simantelabout 11 years ago
Palantir is from LOTR and Starbucks is from Moby Dick. Unless it&#x27;s copyrighted (basically every character in Star Wars would be, for instance), I think you should be fine. Ask a lawyer, though!
pmtarantinoabout 11 years ago
You should ask permissions to his publishers. They will guide you.