Copyrighted names?

April 8, 2005 3:08 PM

I'm thinking of starting a line of products bearing short phrases, some of which would include the names of famous people, both real and fictional. How far do the tentacles of copyright reach?

For example, take Homer Simpson. I assume the entire name is copyrighted. What about just "Homer"? What about "Homer" in the baloony-yellow Simpsons font? What about "Homer" with a donut for the "o"? Elvis? Cartright? Buddha?

posted by gottabefunky to Law & Government (2 answers total)

Trademarks include any word, name, symbol, or device, or any combination, used, or intended to be used in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. Service marks include any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services. Copyrights protect literary, artistic, and musical works." [1]

Names are not copyrightable. What you need to be investigating is the applicable Trademark or Service Mark rights.
posted by nakedcodemonkey at 5:20 PM on April 8, 2005

Ask Bill Gates. According to bOINGbOING, Bill now 'owns' Einstein, Asimov, Rod Serling, the Marx Brothers, Sigmund Freud, and others.

P.S. Who's Cartright?
posted by attercoppe at 8:51 PM on April 9, 2005