Name Resembles Established Franchise Character- Use Anyway?

[Mindfire]

So the name I intend to use for a deity in my WIP, Hakadosh, bears a syllabic similarity to the name of Akatosh, from Elder Scrolls. The two gods are absolutely nothing alike, so resemblance is not a factor here. Hakadosh also has no common etymology with Akatosh that I know of. Should I go ahead and use the name or change it?

Also, what's a general rule for when one of your characters' names ends up sounding like Character X from a reasonably popular franchise?

 

[T.Allen.Smith]

If I were you I'd use it without concern or remorse. The exception would be if the characters were similar but otherwise it's fine.

I have a character named Hammond, so does Sanderson. That bothered me for about 5 minutes until I realize that it's just a name. There's loads of differences that make the one similarity irrelevant.

 

[Benjamin Clayborne]

I think it's safe to say that Akatosh has not made it into any kind of wider recognition; I've never heard the name before, even though I'm pretty tuned in to geek and gamer culture. (I haven't played an Elder Scrolls game since, um, forever.)

Particularly iconic names should be avoided, but something like this, I wouldn't worry. Now, if it bothers you to have a similarly-named god, then by all means, change it.

 

[SlimShady]

This has happened to me several times. I honestly don't care if my character has the same name with another character, because frankly it's bound to happen. For example, one of my main characters is named Loren. Rings a bell with Loren Silvercloak from The Fionavar Tapestry. Both are vastly different characters with wildly differing morals. Another one of my characters is Robert Hothor, who shares his first name with Robert Baratheon in A Song of Ice and Fire. The two characters are, also, wildly different.

There is no point in stressing over this, unless it actually bothers you.

 

[T.Allen.Smith]

Particularly iconic names should be avoided...

Agreed. Naming a character Gandalf would raise eyebrows & turn people off.

 

[Mindfire]

Agreed. Naming a character Gandalf would raise eyebrows & turn people off.

Unless it's a parody I guess. (My work is not.)

 

[Ravana]

Agreed. Naming a character Gandalf would raise eyebrows & turn people off.

Uh, does that mean I shouldn't use my character "Grandolph the Off-White" any more? Darn… and I worked so hard on naming him.…

 

[ThinkerX]

Another bit here, though, is there are a *lot* of real common names out there.

 

[FireBird]

Having played the past three Elder Scrolls games and immediately knowing who Akatosh is, I can honestly say that after reading the name 'Hakadosh' I would think for a second that it sounds similar then I would dismiss it. However, if I read further and your book had nine gods and one of them was a man before becoming a deity, I would get a bit suspicious. :tongue:

 

[Anders Ämting]

I think you could probably get away with Hakadosh - I mean it's not likely Bethesda Studios is going to sue you over it - but I would personally only use it if I couldn't think of anything better.

Agreed. Naming a character Gandalf would raise eyebrows & turn people off.

Actually, Gandalf is a name from Norse mythology - one of the dwarves, I believe - so it's not like Tolkien came up with that on his own, and it should be public domain.

 

[T.Allen.Smith]

I think you could probably get away with Hakadosh - I mean it's not likely Bethesda Studios is going to sue you over it - but I would personally only use it if I couldn't think of anything better.

Actually, Gandalf is a name from Norse mythology - one of the dwarves, I believe - so it's not like Tolkien came up with that on his own, and it should be public domain.

It hardly matters if the name is public domain. 99.5% of the fantasy readers will associate the name Gandalf with LoTR to the detriment of any non-Tolkein author. I believe the point still stands concerning the use of iconic names, regardless of their origins.

 

[Anders Ämting]

It hardly matters if the name is public domain. 99.5% of the fantasy readers will associate the name Gandalf with LoTR to the detriment of any non-Tolkein author. I believe the point still stands concerning the use of iconic names, regardless of their origins.

Oh, I agree. Just pointing it out as a fun fact.

 

[Steerpike]

A name usually isn't protected by copyright. It can be protected by trademark law, however, and if one is it doesn't matter how old it is or what the origin is, the trademark owner still has the rights in it.

Not saying that is true of Gandalf, just pointing out that a centuries old name could still be protected. You cannot just assume "public domain" in the sense that it is free from all ownership.

 

[Anders Ämting]

A name usually isn't protected by copyright. It can be protected by trademark law, however, and if one is it doesn't matter how old it is or what the origin is, the trademark owner still has the rights in it.

Not saying that is true of Gandalf, just pointing out that a centuries old name could still be protected. You cannot just assume "public domain" in the sense that it is free from all ownership.

You can if you are talking about mythology. It's not like you can trademark names like "Odin" or "Zeus."

 

[Steerpike]

Yes, you can.

 

[morfiction]

Oh I should have asked my question here.

I have a character named "Bleach" and there's a manga out there called "Bleach." But the thing is I created this character like 15 or more years ago... I have never read the manga just saw it in stores.

 

[Mindfire]

Having played the past three Elder Scrolls games and immediately knowing who Akatosh is, I can honestly say that after reading the name 'Hakadosh' I would think for a second that it sounds similar then I would dismiss it. However, if I read further and your book had nine gods and one of them was a man before becoming a deity, I would get a bit suspicious. :tongue:

Lol, no nothing like that. I only really have one god, but he goes by several different names.

I think you could probably get away with Hakadosh - I mean it's not likely Bethesda Studios is going to sue you over it - but I would personally only use it if I couldn't think of anything better.

Speaking of which, I've come up with a name I like just as much: Akalesh. It has a similar rhythm and sound to it and while it looks more like Akatosh, it sounds quite different I think. What do you think of it, Anders?

 

[Mindfire]

Yes, you can.

I can trademark Odin? How does that work exactly? Shouldn't there be some things that are un-trademarkable? Suppose I trademark fish? Does every fisherman have to give me a cut of their profits now?

 

[SlimShady]

Oh I should have asked my question here.

I have a character named "Bleach" and there's a manga out there called "Bleach." But the thing is I created this character like 15 or more years ago... I have never read the manga just saw it in stores.

To be honest, I wouldn't care if the character is minor and his name is bleach. However, a major character named Bleach would just be too jarring for me as a reader. Every time I would read bleach, I'd think about doing some laundry. Bleach as a name is just to silly for me. (Never read the magna BTW.)

 

[Steerpike]

I can trademark Odin? How does that work exactly? Shouldn't there be some things that are un-trademarkable? Suppose I trademark fish? Does every fisherman have to give me a cut of their profits now?

You don't understand how trademarks work, Mindfire.

The only thing you can't trademark is a word that is generic for whatever goods or services you want to trademark it for. So getting a trademark for "fish" to sell fish is out. If you start a car company called Fish, you can get a trademark on it. Even if you could get a trademark on "fish" covering actual fish, I'm not sure what makes you think a fisherman would have to give you a cut of his profits.

A perfect example of a trademark on a mythological figures is Thor. Marvel comics, as you might imagine, has a trademark covering that. In fact, it looks like they have numerous trademarks on that name going back to the early 1970s. If you make a superhero named Thor, you've got a potential problem on your hands, mythological figure or not. Marvel doesn't have qualms about going after people.