Question on a Race Name and Copywrite

[Barsook]

I have this race name, Dragzard, and I did a Google search for the last part which is -zard. What came up is a Japanese Pop band. Also in Adventure Quest (and the other games of that company), there are Zard monsters. My question is, if I get published, will I be sued if I use the name Dragzard in my fiction?

 

[Benjamin Clayborne]

I'm no lawyer, but I doubt you'd get sued. The name "Dragzard" does not appear to be attached to any big-name IP.

 

[Barsook]

Thanks, and I also figured that my race doesn't even look like a Zard from the game that I have said that zards are from.

 

[BeigePalladin]

You'll be fine; you can't copywrite a name in that manner (you can for bands/groups etc, but not for litratur creatures) so, so long as only the name is the same (which it's not, as yours has the drag bit before it) it's fine

if the critter was identical, then they could sue.

 

[Devor]

I have this race name, Dragzard, and I did a Google search for the last part which is -zard. What came up is a Japanese Pop band. Also in Adventure Quest (and the other games of that company), there are Zard monsters. My question is, if I get published, will I be sued if I use the name Dragzard in my fiction?

You will have to cancel any record deals you might have to sell those traditional Dragzard lullabies, but otherwise you should be fine.

 

[Barsook]

What lullabies? (or is that a joke?)

 

[Devor]

What lullabies? (or is that a joke?)

That's a joke. But it's also true. The only way you could get sued is if you used the name in a way that interferes with the people who are currently using the name. Characters in a book are too far afield from a Japanese pop band, or should be, unless you seriously meant to publish music under that name - i.e., lullabies.

 

[Barsook]

Oh, duh, right. I will be careful.

 

[Steerpike]

You'll be fine; you can't copywrite a name in that manner (you can for bands/groups etc, but not for litratur creatures) so, so long as only the name is the same (which it's not, as yours has the drag bit before it) it's fine

This isn't exactly true. It is not protected by copyright in any of these instances, whether the name of a band or something else. It can be protected by Trademark, however, and trademark protection could potentially apply to any of these areas, including to the name of a creature if that name was being used in commerce as a trademark.

Also, it is copyRIGHT, as in a legal "right" granted to the owner of the property.

Copywriting refers to production of advertising copy and the like.