Legal Question in Intellectual Property in California
Would it be legal to name a band in a book after a band in real life if the people in the band are nothing alike and your not trying to refer to the real life band?
Asked on 9/19/09, 9:37 pm
1 Answer from Attorneys
Keith E. Cooper
Keith E. Cooper, Esq.
Names and titles, in general, are not protectible under copyright law, but if the band is engaged in commerce under its name (that is, does concerts in multiple states or sells recordings), it may be a trademark. More important to you, though, is whether you think the band would sue you over the mention in the book. (Being in the right doesn't stop someone from suing you and costing you money, even if they lose later.) So, why risk it, especially if the band is nothing like the real one? Choose another name.
Answered on 9/28/09, 8:37 pm