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Using a dead celebrity's name in the title of a fictional series

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CoolDakota

New member
What is the name of your state? New Jersey

I intend for a running theme to be naming planets after comedians, with the galaxy it takes place in being named for George Carlin. Would calling the series "The Carlin Galaxy" get me into trouble?
 


quincy

Senior Member
What is the name of your state? New Jersey

I intend for a running theme to be naming planets after comedians, with the galaxy it takes place in being named for George Carlin. Would calling the series "The Carlin Galaxy" get me into trouble?
Would calling your series and the galaxy, "The Carlin Galaxy" get you in trouble? Probably not.

Naming your series and galaxy after George Carlin might lead to some confusion with Dan Carlin's "Geek's Guide to the Galaxy," though - which is probably not a major concern but something to check out.

And you need to be careful about using any copyrighted material or trademarks connected with George Carlin (or other comedians) without authorization.

You should have your manuscripts personally reviewed by an IP/publishing law attorney in your area prior to publication to ensure as much as possible that your "galaxy" series does not infringe on any rights (copyrights, trademark rights, publicity/privacy rights). Having insurance enough to cover the cost of a lawsuit should one arise despite your best efforts to avoid one is also wise and advised.

Good luck with your work.
 
Last edited:

Zigner

Senior Member, Non-Attorney
Would calling your series and the galaxy, "The Carlin Galaxy" get you in trouble? Probably not.
I agree, but it would really depend on how vigorously George Carlin's heirs/estate defends their rights to his name, etc.
 

quincy

Senior Member
I agree, but it would really depend on how vigorously George Carlin's heirs/estate defends their rights to his name, etc.
Yes. It always depends on the litigiousness of others. :)

"George Carlin" and "Carlin" are not registered trademarks. Although the George Carlin Estate sells merchandise with Carlin photos and sayings from their website, I saw no legal notices.

I didn't, in other words, see a publicity rights problem or anything else that would prevent CoolDakota from using the Carlin name as he intends.

Obviously my review was a brief one and the specifics would need to be personally and more thoroughly reviewed.
 

adjusterjack

Senior Member
What is the name of your state? New Jersey

I intend for a running theme to be naming planets after comedians, with the galaxy it takes place in being named for George Carlin. Would calling the series "The Carlin Galaxy" get me into trouble?
Given the responses of other, maybe not. Unless, of course, you are doing this for money. The more celebrity names you use, the more likely it is that one of them will sue you.
 

quincy

Senior Member
Given the responses of other, maybe not. Unless, of course, you are doing this for money. The more celebrity names you use, the more likely it is that one of them will sue you.
A problem could arise in using famous names as a marketing tool - and how famous names are used in the text can make a difference - but using "Carlin" in the title of his book series is unlikely to be a problem.

CoolDakota has to avoid implying that his books are in any way connected with the comedians whose names he uses, and he must be careful how he handles their reputations.
 

quincy

Senior Member
Mel Brooks referred to the Ford Galaxy in Spaceballs. I'll bet he had consent.
References are not a problem. You can use trademarks in a descriptive way without permission from the trademark holder. It is a fair use.

It is hard to talk about a specific product or service without identifying it by name.

Trademark law centers on consumer confusion.
 

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