Asked in Copyright and Intellectual Property

Q: If i was to use a random fictional characters name in a story then it happens to be similar to someone else's?

Will I be sued, what would be the proper legal advice?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under federal law in the United States, using a fictional character's name in a story that happens to be similar to a real person's name would not typically expose you to legal liability, as long as you're not intentionally trying to portray or defame the real person.

However, to minimize potential legal risks, consider the following advice:

1. Distinctiveness: Make sure the fictional character is distinct from any real person who might have a similar name. The more distinct your character is in terms of personality, appearance, and background, the less likely it is to be confused with a real person.

2. Disclaimer: Include a disclaimer in your work stating that any resemblance to actual persons, living or dead, is purely coincidental. This helps establish that you did not intend to portray any real individuals.

3. Avoid using famous names: Steer clear of using names that are very well-known or associated with public figures, as this could increase the likelihood of legal issues.

4. Defamation: Ensure that your portrayal of the fictional character does not defame or cast a real person with a similar name in a false or negative light.

In general, as long as your use of the name is not intentionally causing harm or confusion, and you've taken reasonable steps to differentiate your fictional character from real individuals, you should not face legal consequences for coincidental name similarity.

However, if you have serious concerns, it's always best to consult with a qualified attorney who specializes in intellectual property and media law for personalized legal advice based on your specific situation.

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