Long Beach, NY asked in Trademark for New York

Q: Can I title a work of fiction "The Godzilla Society"?

The name "Godzilla Society" refers to a group of people discussing strange experiences they have had. This work of fiction us not about Godzilla; that creature is a metaphor for the unknown.

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3 Lawyer Answers
Barry E. Janay
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Answered
  • Livingston, NJ
  • Licensed in New York

A: It's probably a bad idea to use "Godzilla" without contacting the owner of the trademark to obtain permission. The unique name "Godzilla" is obviously intellectual property that the owner would care to protect and enforce and it's probably unacceptable to the owner for you to use it without permission or even if you give them attribution.

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in New York

A: That sounds like a clear copyright (not trademark) violation, unless you buy a license for the right to use it. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in New York

A: Typo correction: That sounds like a clear trademark (not copyright) violation, unless you buy a license for the right to use it. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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