I have a book of fiction and suddenly realized that the name Godzilla could be copyright/trademarked preventing me using it without permission even though I am using it as a name for an animal. It is even in the dictionary with a description of the characteristics, not the movie character. Any lawyers out there to help me with this please?!
Many Thanks!
Madeleine
Can I use the name Godzilla in a work of fiction referring to a pet's name?
I think the pet's name of "Godzilla" would fall under the parody definitions of the copyright law's "fair use" doctrine.
No one would mistake the pet as the character in the Japanese films, nor would the writer be misconstrued as "pirating" the name for commercial use. I have no doubt that there ARE dogs, cats, lizards, goldfish and budgies that owners have named "Godzilla," "Mothra," "Gamera," or similar names.
How many chihuahua, pugs and poodles do you think have been named "Tinkerbell?" And, Disney is NOTORIOUS for going after copyright infringement.
Reply:yeah, it is not a problem. As long as the pet doesnt happen to be a 400 foot tall lizard with the powers of breathing fire and attacks and tries to take over the world.
otherwise, its no problem. not very creative though.
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