Are charactor names in TV shows trademarked?

[FPForum]

Is there a place for me to check this? Not the actual actors name..but the name the actor is playing in the show. It wouldn't be something common like Gene Smith, much more unique than that..I'm just curious can these be copyrighted/trademarked or anything?? Thanks!

 

[DNQuest.com]

Yes they can be and yes you are looking for trouble.

 

[IAmAllanShore]

Some good language from a Rick Schwartz (I can never spell his name right - I always fall back to "SpaceBalls" ) case over at NAF:

Common law protection has been held to extend to specific ingredients of successful television series. Warner Bros. Inc. v. Boy Toys, Inc., 658 F.2d 76 (2d Cir. 1981) (reversing denial of a preliminary injunction for Warner Bros. against defendant for use of distinctive symbols found on the “General Lee” car appearing in the Dukes of Hazzard TV series). See also Silverman v. CDS Inc. , 632 F.Supp 1344 (S.D.N.Y. 1986) (stating, in dicta, that the names of the characters in the “Amos ‘n’ Andy” show are protectible marks), judgment aff’d in part, vacated in part by Silverman v. CBS Inc. 870 F.2d 40, 9 U.S.P.Q.2d 1778 (2d Cir. 1989) (without addressing this issue). The addition by Respondent of the letter “s” to this mark does not create a significant distinction, See Nat’l Geographic Soc’y v. Stoneybrook Invs., FA 96263 ( Nat. Arb. Forum Jan. 11, 2001) (finding the domain name <nationalgeographics.com> was confusingly similar to the complainant’s NATIONAL GEOGRAPHIC mark).

 

[bluesman]

Are charactor names in TV shows trademarked?

They'd of course fall under either the network or the show creators' rights of intellectual property and other legalities. Some agreements the creator/writer has with the network broadcasting his material are limited to a certain number of reruns before it reverts back to the creator (print publication style), some creators sell their characters outright to the network period (as Matt G. did with The Simpsons), and back in the old days networks (and sometimes even their sponsors) just TOOK uncontested ownership of all shows and gave their creator/writers (ie "slaves") virtually nothing in future returns.

Either way, though, of course the charactors are all TMed, just as are characters from radio shows, comic books, etc., etc., and many of those production venues overlap each other (such as Superman, for instance).

(Even me, the original Mr. Fansite, who uses actors' names galore, would NEVER use even one of their copyrighted and TMed fictional names in a million years.)

So the bigger question is why WOULDN'T you think they'd be legally covered?!