copyright software
Are names of computer game characters copyrighted?
<p>I am <strong>not</strong> developing a game or creating game characters. What I am trying to do is give a name to the software that I am creating in my spare time. It seems there is a game character by the same name, a popular game at that (I am not a gamer but a google search to check the name revealed it). The software is intended to be free but might make money in the future, so I want to know this.</p>

<p><strong>Are names of characters in games copyrighted and is it illegal to use them to name other unrelated software components and applications that might or might not make money?</strong></p>

<p><a href="http://www.copyright.gov/circs/circ34.pdf" rel="nofollow noreferrer">A name cannot be copyrighted</a>, as names, titles, and short phrases are too small to constitute a copyrightable work.</p>

<p>A name <em>can</em> be protected under trademark. Trademark law is designed to protect consumers, by helping them reliably identify the source of a good or service. If your use of a name is likely to confuse consumers about the source of your product because (1) the name is similar to a trademarked name, and (2) the nature of your product is one that consumers might reasonably believe could be offered by the owner of the original trademark, then you might lose a trademark suit for your use of the name.</p>

<p>The domains are somewhat similar in your case (video games and whatever software you're writing), so there's <em>maybe</em> some possibility for confusion, but ultimately, whether there is valid case for confusion is a determination up to the courts.</p>

<p>See also <a href="https://law.stackexchange.com/q/9120/84">Naming free software and avoiding trademark collision</a>.</p>
