Marcus Hook, PA asked in Copyright for Pennsylvania

Q: Hypothetical Use of Fictional Name

Hypothetical question: If Ginger and Fred's restaurant atop the Dancing House in Prague (named after real life people Ginger Rogers and Fred Astaire) had been named "Bond & Lynd's", with a marketing campaign involving a generic man in tux and a beautiful woman, would that by copyright infringement? "James Bond" is not being used. The reference to the character is not being used in a competing book or movie. Yet the indirect reference to his likeness is obvious.

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1 Lawyer Answer
Barbara Berschler
Barbara Berschler
  • Intellectual Property Lawyer
  • Rockville, MD

A: It may be copyright infringement and also trademark infringement. You acknowledge that you do want to make an obvious reference to the Bond enterprise. Best to consult with an attorney before you proceed with your plan.

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