Legal Question in Intellectual Property in Texas

Re: Copyright material in company names & websites

It will depend a lot on the name you want to use. For example, Huck Finn may be usable because it is a fictional character name from an older story in the public domain. However, others may be using the name for closely related goods or services and you could run into trademark infringement problems. If the book is more recent, e.g., Harry Potter, you could open yourself up for serious trouble because of all of the cross marketing going on between the books/movie. Likewise, television and famous personalities could have right of publicity claims especially if the fictional character is closely associated with personality. All in all, it is an issue that depends on a number of factors that are hard to address in this type of format. I am an intellectual property lawyer in Plano, TX. I would be happy to speak with you further if you like. 469-371-3082.

Re: Copyright material in company names & websites

I agree with Mr. Look's advice to you on the general aspects, but would like to give some practical information. You should do, or have someone do for you, a trademark search on these terms, as your problem, if any, will probably not be with Mark Twain's estate, but rather any new owner of a Huck Finn name for similar goods or services, particularly anyone with a Federal trademark registration. You may be interested to know that there have apparently been 15 Federal registrations for HUCK FINN as a trademark or service mark. I am also a Texas attorney, indeed a graduate of University of Texas School of Law in Austin, but one with 30 years experience in trademark matters who now lives adjacent the Mississippi River near St.Louis, which means I know lots about Hannibal and Mark Twain. For example I know there is already a Huck Finn charter service. I suppose you know there is a www.huckfinn.com for a bluegrass jubilee in CA.