united-states copyright trademark
Does using Yoda in my brand name violate copyright law of United States?
<p>I have registered a website yodaguru.com. I intend to use it as a domain name for a product I am building. Does it violate the copyright law of the United States?</p>
<p>This character first appeared in the movie The Empire Strikes Back (1980). George Lucas, the screenwriter of the movie is still alive.</p>
<p>It is speculated that that name may be from the Sanskrit word &quot;Yoddha&quot; which means warrior, or the Hebrew name &quot;Yodea&quot; meaning &quot;One who knows.&quot;</p>
<p>The copyright law of the United States says that exclusive rights generally expire 70 years after the author's death or 95 years after publication. Law talks about the derived word, does it also applies to the character name?</p>

<p>Copyright is irrelevant, because <a href="https://www.copyright.gov/help/faq/faq-protect.html" rel="nofollow noreferrer">names are not protected</a> by copyright. Trademark is relevant: a name can be protected by a trademark. <a href="https://tsdr.uspto.gov/#caseNumber=78488806&amp;caseType=SERIAL_NO&amp;searchType=statusSearch" rel="nofollow noreferrer">&quot;Yoda&quot; <em>is</em></a> a registered trademark owned by Lucasfilms, a subsidiary of Disney. There is a list of goods and services where the property right is asserted, so for example you could get sued for peddling art books under this name. It just depends on what your business does. For instance, a plumbing business isn't competing with Lucasfilms w.r.t. that class of goods and services.</p>

<h2>Copyright law is irrelevant</h2>
<p>Because the name “Yoda” cannot be copyrighted. Copyright protects artistic and literary expression- the way Yoda looks and the stories about him. Copyright in those lasts until 70 years after the death of their creator. I believe this was George Lucas and at the time of writing, he’s still alive.</p>
<p>The relevant law is trademark law. A trademark gives the owner (Disney) the exclusive right to use their distinctive mark (<a href="https://trademarks.justia.com/753/06/yoda-75306993.html" rel="nofollow noreferrer">Yoda</a>) in trade or commerce in the jurisdictions (USA and other places) and for the industries in which it is registered. This is “
toys, games and playthings, namely, toy candy dispensers and holders; costume masks; plush toys; toy action figures; Christmas tree ornaments”.</p>
<p>You are not Disney. If your product does not fall into those categories and you do not pretend any relationship with the Disney character, you’re fine.</p>

<p>YODA may qualify as a &quot;well-known&quot; trademark, with different rules.</p>
<p>If the PTO recognizes YODA as a &quot;famous&quot; or &quot;well-known&quot; trademark, then likely no one except the owner will be allowed to use it in <em>any</em> class of goods or services.</p>
<p><a href="https://www.uspto.gov/ip-policy/trademark-policy/well-known-marks" rel="nofollow noreferrer">https://www.uspto.gov/ip-policy/trademark-policy/well-known-marks</a></p>
<p>In my view, Disney can make a very strong argument that YODA is a famous mark. More importantly, they are one of the deepest pockets in the world and can tie you up in litigation for years.</p>
<p>I consider this a terrible idea.</p>
