WA Choosing Character Names associated with Well-Known Characters

Discussion in 'Intellectual Property Law Forum' started by TimelessLove, 24 May 2018.

  1. TimelessLove

    TimelessLove Member

    Joined:
    24 May 2018
    Messages:
    2
    Likes Received:
    0
    Hello everyone,

    I'm currently in uni studying Creative Writing and am looking to start work on my first book, and I was hoping I could get a second opinion on something.

    Without giving too much away in regards to the story's premise, I'm trying to decide on the full name for a character who is kindhearted, brave, strong and unafraid to stand up to [another character] who mistreats those around him. I'd really like to give her the middle name Ariel, a biblical name meaning "lion of God", as it really captures the essence of her personality. However, since Ariel was the name given to Disney's Little Mermaid, I'm a little worried I might get picked up on it even though my character has nothing to do with Disney's character.

    I'd also like to make her nickname Nessa (which is a name with various origins including Hebrew and Scandinavian) as her first name is Janessa, but I think that's the nickname of a character in the musical Wicked.

    Is this something I need to look into further, or am I just being overly cautious?
     
  2. Rob Legat - SBPL

    LawTap Verified

    Joined:
    16 February 2017
    Messages:
    1,317
    Likes Received:
    261
    Not my area, but I think you're being overly cautious. Unless the name is particularly unique, it would require a closer characterisation than what you're describing for you to be breaching trade mark.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. TimelessLove

    TimelessLove Member

    Joined:
    24 May 2018
    Messages:
    2
    Likes Received:
    0
    Thanks Rob. :) I had a feeling I was being overly cautious. After all, that would be like saying you can't use the name Emma because that was the lead in Once Upon A Time. Admittedly I am the type of person to overthink things, but I felt happier asking anyway.
     
Loading...

Share This Page

Loading...
gt;