Legal Question in Intellectual Property in Indiana

Public & historic names for a book.

Can I use public & historical names for characters I intend to use in a fictional book? Example: doll A is General Patton & doll B is Tai Babalonia.


Asked on 3/24/09, 1:08 pm

1 Answer from Attorneys

Kenan Farrell KLF Legal

Re: Public & historic names for a book.

Juliet:

"What's in a name? That which we call a rose

By any other name would smell as sweet."

Romeo and Juliet (II, ii, 1-2)

Intellectual property law will not generally prevent you from using the names of historical figures. While certain figures have protected their names as trademarks in connection with specific goods or services, names alone will not be protected.

If you start to go beyond use of a name into utilizing the likeness or persona of historical figures, you'll want to consider not only trademark but "right of publicity" law. The right of publicity is generally defined as an individual's right to control and profit from the commercial use of his/her name, likeness and persona. Take a look at "right of publicity" resources on the internet and familiarize yourself with the requirements.

Hope this helps.

Read more
Answered on 3/24/09, 2:20 pm


Related Questions & Answers

More Intellectual Property questions and answers in Indiana