Legal Question in Intellectual Property in California

Using the name of a monster from a roleplaying game

I'm starting a graphic design company with some friends, and we're thinking of naming our company after a character or monster from D&D (Dungeons & Dragons) or something similar. Would this be considered copyright infringement? We wouldn't actually be using any artwork from the source, or even talk about it in any way (except maybe a brief blurb on a company info page mentioning how D&D inspired us).

I'm sure it depends on the specific word or term, so could you at least point me to where I could look this up? Should I do a trademark search? Or just assume that I can't (or shouldn't) use it? Thanks.

Some examples:

''Elf Publishing'' - I would guess that this is generic enough that it doesn't belong to anyone (not that it makes a good name).

''Kobold Consulting'' - I think this is a D&D-specific monster, but would it mean that they actually own the name and no one else can use it?


Asked on 11/04/03, 10:59 pm

1 Answer from Attorneys
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Using the name of a monster from a roleplaying game

It might be considered fair use, but I think the prudent thing to do is to contact the makers of D & D, assuming they are the copyright owners, and ask for a license, which should not be costly, because more than they promoting you, you would be promoting them.

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Answered on 11/05/03, 12:53 am


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