Legal Question in Intellectual Property in California

You would be free to use that name assuming it clears for the class of goods or services it identifies.

One cannot claim a copyright interest in a word or short phrase and because it is fictional and not actually in use in interstate commerce it is not being used as a trademark, at least not on the show. Where you will need to be careful is how you represent yourself to the pubic. You could not suggest that you are in some way endorsed or sponsored by the program or network as they are always free to come at you for misrepresentation.

Further, whenever you endeavor into investing in a trademark it is very important that you conduct the proper clearance due diligence upfront and before you submit an application to the USPTO. In the US, this means searching under both federal (USPTO) as well as common law because trademark rights stem from use in this country NOT registration. This means that acquiring a federal registration does not necessarily mean that you are not infringing on another's intellectual property. See the link below for a detailed explanation of the due diligence process and a guide on how to choose a strong trademark:

http://www.lanternlegal.com/trademark_due_diligence.php

http://www.lanternlegal.com/test_trademark.php

You should definitely consult a lawyer before you move forward. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.