How can I find out if a particular character or name is copyrighted? (Example: Chicken Little)?

Answer 1

As others have stated, what you're looking for is a trademark. To search for specific designs, check out the USPTO. Searching designs on their site can be a little tricky so I'll walk you through it.

1) Go to http://tess2.uspto.gov/tmdb/dscm/index.htm
2) Click on Keyword Search
3) Enter a keyword & click Submit Query
4) The 6-digit design code will pop right up -- write those down. For example, I looked for 'chicken' & found several. Let's use 031503, which is the code for live chickens (versus 081105, which is cooked chicken)
5) Now go to http://tess2.uspto.gov/bin/gate.exe?f=tess&state=c5uah2.1.1
6) Click on Structured Form Search
7) In the first Search Term box, enter your 6-digit code; change Field to Design Code
8) Click Submit Query
9) Your results should pop right up. For the chicken code, I got 2428 records

You can narrow this even further by going back to the Structured Form Search page and entering another description in the 2nd Search Term box. You can narrow by the goods/services description, the owner, the name attached to the logo, etc.

You can search the name in the same way by just entering the name and changing the Field to Full Mark.

I posted some links pertaining to trademarks below.

Hope that helps!

Answer 2

No one can copyright a name. Names can only be trademarked, and that is VERY expensive and only done under certain circumstances, so most of the time it isn't done.

Your example "Chicken Little" cannot be trademarked as a name, either, because it is a name from several old folk tales and thus is very much public domain. On the other hand, the specific depiction of Chicken Little in an animated movie IS most likely trademarked, but that is the image, not the name alone.

Answer 3

Well, you're mixing up two kinds of property laws. Characters (even literary ones) aren't copyrighted, they're trademarked. Copyright only refers to words put in to a fixed medium.

Trademarks are generally (but not always) shown with a TM or (R) sign. In the case of Chicken Little, I don't think anyone holds rights to the name (just like no one has exclusive rights to Cinderella or Snow White. They're in the public domain) - but if you happen to feature a cartoon Chicken Little that looks like the guy from the movie or write a story that has the exact same plot - you better believe you'll be hearing from Disney.

Characters that aren't from traditional stories like folk tales and fairy tales are a little different. I don't think you could write your own Stephanie Plum novel without Janet Evanovich's consent - or do a book about Harry Potter without J.K. Rowling's permission.