united-states trademark
Could Laura Ashley Co. prevent me from giving that name to my fictitious heroine in the U.S.?
<p><a href="https://en.wikipedia.org/wiki/Laura_Ashley" rel="nofollow noreferrer">Laura Ashley</a> is a UK furniture and fashion company named after its founder. But there probably are plenty of people named Laura Ashley.</p>

<p>Some years ago, I was considering giving the name "Laura Ashley" to one of my fictitious heroines because I liked the name. (Unlike my completed works, this one went for about three pages.) The heroine was an ambitious mid-level biotech executive trying to make it to the top. (The field is nothing like furniture.) A friend of mine told me to "expect to hear from Laura Ashley's lawyers" if I published the novel.</p>

<p>The answer to <a href="https://law.stackexchange.com/questions/7401/can-a-trademark-supersede-or-preempt-a-person-from-using-their-own-name">this question</a> showed that a company cannot (normally) prevent someone from using their own real name in a different (non-confusing) line of business. Does this "protection" apply to my fictitious character as well? Or can the similarity of names somehow be held to damage the company's repuation? (My heroine acts "normally," and does nothing out of the ordinary.)</p>

<p>You are <em>probably</em> not infringing their trademark.</p>

<p>If they sue you, after you have spent tens of thousands defending yourself you will <em>probably</em> win. You <em>may</em> win costs which means you will get <em>some</em> of your money back. You do have a bigger legal budget than Laura Ashley, right?</p>
