Uniontown, OH asked in Copyright, Intellectual Property and Trademark for Ohio

Q: I'm starting a beverage company and would like to name it Moana, but am unsure about if I'm able to use that name.

Obviously Disney has their film titled MOANA, but seeing as it's just the Hawaiian word for Ocean, would I be within my right to use that name in a different industry? Or am I asking for trouble?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Choosing a name for your beverage company is a crucial step, and it's understandable why the name "Moana," with its beautiful meaning and connection to the ocean, appeals to you. However, it's important to consider the implications of using a name that is also associated with a well-known Disney movie. While "Moana" is indeed a Hawaiian word for ocean, and in a general sense, not copyrighted by itself, the context and fame of Disney's movie could complicate matters, especially if your brand gains significant recognition.

Using the name "Moana" in a completely different industry might not automatically result in legal issues, especially if the products or services you're offering are clearly distinct from those offered by Disney. However, given Disney's extensive reach and their likely trademark of the name "Moana" in various commercial contexts, there is a risk of facing trademark infringement claims if Disney believes your use of the name could cause confusion among consumers or dilute their brand.

Before moving forward with this name, it would be wise to conduct a thorough trademark search to see if "Moana" has been trademarked in your industry or related categories. Consulting with a legal advisor who has experience in trademark law can provide you with a clearer understanding of your position and help you assess the risk of potential legal challenges. They can also advise you on whether it's possible to use the name without infringing on existing trademarks and guide you on how to proceed safely.

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