Legal Question in Entertainment Law in California

Re: Character from a Film

Obviously whether you have a theoretical legal right to use the name or not is different from the present situation where you risk having to litigate the issue against the Universal legal department. The best way is to attempt to clear your use of the name, and there are people and companies that are in the copyright clearance business including other movie studios' clearance departments.

If negotiations fail and you have to sue, or to defend a lawsuit, among other things it would help you to register the name of your act as a trademark or service mark. I doubt that the Otis Day character from Animal House has acquired any significant mindshare, or what trademark lawyers call "secondary meaning," such that Universal could win a properly defended lawsuit. But you might not be able to afford the cost of defending the lawsuit.

Re: Character from a Film

Much depends on the original contracts for the band's appearance in the film. I suspect that there's no restriction, other than limitations on the way in which the group now presents itself as having been part of Animal House.

I can help you review the contracts and give better advice once armed with all the information.

Feel free to give me a call.

Re: Character from a Film

I didn't see the movie Animal House. I am not sure if the band name is connected to Animal House or not. This is something you should discuss privately with your attorney. When you are making a movie, you have a lot of legal issues like this to look at. You should not base your decisions on gut reactions from attorneys on a website, but you should hire one and make sure you get these issues addressed thoroughly. This is not because I want to sell you on my legal services, but because this is what you need in order to know you chances of being sued, and how to decrease them.

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