Question about using a commercial name

G

gorillaonabike

I have a character in a script using the name 'Legoland.' The reason is this is the current slang name for MI6's building. Unfortunately, it is also a theme park in England.

Can I use this with impunity?
 
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Can I use this with impunity?
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No. They can sue. They may or may not win, but you'd need to mount a defense, so impunity is far from guaranteed. Whether they will depends. I'm relatively sure Hasbro owns the license to Lego and they can get a little litigious if they feel it warrants setting an example to deter people from hurting their brand.
 
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http://en.wikipedia.org/wiki/Legoland

Incorrect, Sweetie. Trademarks only apply to competing markets (in the UK at least anyway). Basically, unless GOAB decides to open a theme park and call it LEGOLAND (capitals) then there is no trademark infringement. He's certainly not profiteering under the pretense of being an official LEGO product/service.

Using the word legoland is fair usage, especially in the context of it being a known/common usage term for MI6's building.


GOAB - IF you're unsure, look into the laws of the specific markets you wish to use it in, and if you're still not sure, then try asking on a legal advice forum, and if you're still not sure, try a lawyer. Do not under any circumstances take the legal advice of forum members here, especially those from different countries. :)
 
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I'm not a lawyer. However, I am a writer and a producer so I have
worked with entertainment an IP lawyers often. I know you are
not asking for definitive legal advice here – just an informed opinion.

It is legal for a character in a movie to say a name. A business
name, the name of a fictional character, the name of a building, a
street name. “They” cannot sue anyone – the writer or the prodCo
or the distributor. Ir is helpful to understand the difference between
libel, slander and copyright/trademark infringement. A character in
a movie saying “I see why it's called Legoland” when pointing at the
MI6 building is not in violation any of those things. A character in a
scene saying, “Perhaps you should visit him.” “I'll pop by Legoland
this afternoon.” does not reach the level of slander, libel or
copyright/trademark infringement.
 
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directorik said:
I'm not a lawyer. However, I am a writer and a producer so I have
worked with entertainment an IP lawyers often. I know you are
not asking for definitive legal advice here – just an informed opinion.

It is legal for a character in a movie to say a name. A business
name, the name of a fictional character, the name of a building, a
street name. “They” cannot sue anyone – the writer or the prodCo
or the distributor. Ir is helpful to understand the difference between
libel, slander and copyright/trademark infringement. A character in
a movie saying “I see why it's called Legoland” when pointing at the
MI6 building is not in violation any of those things. A character in a
scene saying, “Perhaps you should visit him.” “I'll pop by Legoland
this afternoon.” does not reach the level of slander, libel or
copyright/trademark infringement.
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Fantastic, really helpful - thanks!
 
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Trademarks only apply to competing markets (in the UK at least anyway). Basically, unless GOAB decides to open a theme park and call it LEGOLAND (capitals) then there is no trademark infringement. He's certainly not profiteering under the pretense of being an official LEGO product/service.
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I gather the Lego movie didn't make it to your neck of the woods?

“They” cannot sue anyone – the writer or the prodCo or the distributor.
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Be careful with this advice. I'm sure you've heard strange stories of people suing for the weirdest of things. They *CAN* sue if they wish. As I said earlier, they may not win, but they can still sue. If they do, you still need to mount a defense. If you don't have enough money to mount a defense, you may lose a winning position. Your question asked whether you can do this with impunity. You cannot.

Whether they'd win a court case, that's another discussion, though I'd agree with the opinion with the other posters. I'd assume your legal system is very much similar to Australia.

I'm going to offer one suggestion regarding this topic. This should all be handled by your Errors and Omissions insurance carrier, which you'll need if you're planning on getting any distribution. They're experts on the topic. Let them make the decision and cover your ass.

If you're talking a short film, they're unlikely to bat an eyelid.
 
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Sweetie said:
Be careful with this advice. I'm sure you've heard strange stories of people suing for the weirdest of things. They *CAN* sue if they wish. As I said earlier, they may not win, but they can still sue. If they do, you still need to mount a defense. If you don't have enough money to mount a defense, you may lose a winning position. Your question asked whether you can do this with impunity. You cannot.
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Well said, Sweetie. And that's why so many people launch nuisance suits - because they are hoping for blackmail money.
 
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