A legal question...?

Question

Im starting to get some of my short stories published and other works, and I'd like to use a pen name. I really like the pen name James Leer, which I found in a Michael chabon novel, Wonder Boys. Could I use still use this name?

Answer 1

Yes, you can use it. Names by themselves cannot be copyrighted, so there'd be no legal problem with doing this. You can call yourself James Leer as a pseudonym or even name one of your characters James Leer. If you wanted to write a story from the perspective of Michael Chabon's character that could be considered a copyright violation, but just using the name is fine.

It is possible for a name (real or fictional) to be trademarked, but only if that name represents a line of products like a book series or designer clothes label rather than just one person or character. So using "Harry Potter" or "Tommy Hilfiger" as a pen name could get you into trouble, especially if you were writing fantasy novels or articles about fashion. But these restrictions don't apply to most fictional character names.

Answer 2

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