Writer Sanctum
Writer's Haven => Quill and Feather Pub [Public] => Topic started by: Eric S. Kim on June 23, 2019, 04:38:15 PM
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So I published two urban fantasy books on Amazon (one back in September and the other nearly two weeks ago). The main villain in the series is named Gorvex. He's a giant mechanical dragon that rules Earth in present day. And I just found out today that Gorvex is also the name of a website that sells safety and industrial supplies.
https://gorvex.com/ (https://gorvex.com/)
This really worries me. The books are already published on Kindle in both ebook and paperback. His name is on both blurbs. I think I'm in a tough spot, because I'm pretty sure the website's name is copyrighted or something. I don't want to get into trouble. Does anyone have any knowledge on how copyright works?
:help
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Don't worry.
Trademarks do not apply in this case - your dragon is a work of fiction and not a competing business.
Copyright has no influence here either unless someone else had the same name for their mechanical dragon in a story similar to yours.
Here's the lowdown on copyrights (in respect of the USA):
https://www.copyright.gov/title17/
https://www.copyright.gov/
Trademarks are here:
https://www.uspto.gov/trademark/laws-regulations
https://en.wikipedia.org/wiki/United_States_trademark_law
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I like the premise of the dragon, sounds interesting. :-)
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Don't worry.
Trademarks do not apply in this case - your dragon is a work of fiction and not a competing business.
This all may be true, but I'm sure if he were to name his dragon "Google" there would be some blow back. Now, I know nothing about Gorvex and what it's about and it's obviously not a household name, but it could still get a little sticky if the company decides to make it so.
I kind of have the same problem with a main character in one of my stories. I would never have had a problem with naming my hero Ellis Reed until an Ellis Reed became a victim of a shooting on the UNC Charlotte campus. And I started writing my story before that even happened. but now I'm toying with the idea of changing my MC's name.
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Don't worry.
Trademarks do not apply in this case - your dragon is a work of fiction and not a competing business.
This all may be true, but I'm sure if he were to name his dragon "Google" there would be some blow back. Now, I know nothing about Gorvex and what it's about and it's obviously not a household name, but it could still get a little sticky if the company decides to make it so.
I kind of have the same problem with a main character in one of my stories. I would never have had a problem with naming my hero Ellis Reed until an Ellis Reed became a victim of a shooting on the UNC Charlotte campus. And I started writing my story before that even happened. but now I'm toying with the idea of changing my MC's name.
If someone were to name their mechanical dragon 'Google' in a story written with the intention of making a mockery of the tech giant, then they might, as you say, receive some 'blowback' yet might still not infringe upon law. As to the name trademark, it depends in which fields the name has been trademarked.
The links for US Copyright and Trademarks were included in my post; they should allay any fears as to whether or not Eric can proceed safely if publishing occurs in the USA.
Those US government sites will also give examples as to when not to proceed with a story that might trip the balance into a lawsuit against an author.
As to your own predicament, Dgcasey, if the name Ellis Reed has become synonymous with a campus shooting, then you may not want to have readers identify with that news story, especially if the story has the character carry out or becomes the victim of a violent crime (in particular, mimic a recent real crime as that’s just plain good manners). You may want to consider changing one of the names, first or last, or make an entirely different name.
I found an interesting link that touches upon using names of real people in a story as written by an attorney specialising in Copyright Law etc (I have no ties with this law firm):
http://www.copylaw.com/new_articles/real_people_in_fiction.html
Albeit, the links in my previous post should also address this query as well as it is the ‘home’ of Copyright law in the USA.
As I am not a copyright lawyer, do please look into the copyright laws of your own country and in the countries you wish to publish - and/or get yourself the advice of a Copyright Lawyer.
Most certainly though, never just take the word of someone from the internet on a forum - do your homework by reading the law and, if things seem too complicated, get the advice of an appropriate lawyer.
PS
In regards to Google, further reading about an actual case brought against the tech giant might be found interesting:
https://arstechnica.com/tech-policy/2017/08/supreme-court-asked-to-nullify-the-google-trademark/
This is a link to a case to nullify the trademark.
https://arstechnica.com/tech-policy/2017/05/genericide-assault-to-nullify-the-google-trademark-fails/
http://www.abajournal.com/news/article/google_retains_its_trademark_though_the_name_is_used_as_a_verb_appeals_cour
These are links to the result and each present aspects of law in regards to the case.
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FWIW, I think Gorvex sounds perfect to my ear for a mechanical dragon tyrant, and one that feeds on industrial supply stores.