Humpty Dumpty

[mr ploppy]

http://tarr.uspto.gov/servlet/tarr?r...entry=78964299

Someone's registered him as a trademark, does that mean I won't be able to use him as a character in a story? I'm thinking the traditional egg man with arms and legs who falls off walls.

[anamardoll]

IANAL, but it's my understanding that's not how trademarks work. You presumably couldn't use the name/character to sell blankets now, but you're still free to use him in stories. I think.

[EileenG]

Yes, you can use trademarks in stories, otherwise your characters would not be able to get into their Ford Focus, drive to McDonalds or wear a pair of Wranglers.

[mr ploppy]

But it wouldn't be used as a blanket, it would be used as a character. It would be more like having a clown called Ronald McDonald doing stuff.

[HarryT]

Originally Posted by mr ploppy

http://tarr.uspto.gov/servlet/tarr?r...entry=78964299

Someone's registered him as a trademark, does that mean I won't be able to use him as a character in a story? I'm thinking the traditional egg man with arms and legs who falls off walls.

No. Trademarks only apply in specific fields - eg the fact that Microsoft hold a trademark on the word "Windows" in the field of computer operating systems does not stop people using the same word for the hole thingies in the walls of buildings.

This particular trademark only appears to apply to bed linen, curtains, towels, etc. You are free to use the word for any purpose unrelated to trade in such products.

[frahse]

You can't trademark or copyright names used as names of books(titles), movies or people is the way I understand it.

I have the opposite problem which is finding new names, or rather making sure the important names are unique.

[mr ploppy]

Originally Posted by frahse

You can't trademark or copyright names used as names of books(titles), movies or people is the way I understand it.

But you can trademark names and images of characters. Both Hells Angels and Skinhead are registered trademarks, for example. And what I have in mind for Humpty Dumpty definitely wouldn't be approved by anyone who could claim ownership of that character.

I could play safe and call him Dumpy Humpy (Humpy Dumpy would make it sound like obesity porn), but I would still want an egg-man type character on the cover. (Eggman is also a trademark, used as an alternative name for Dr Robotnik from the Sonic games).

[frahse]

Originally Posted by mr ploppy

But you can trademark names and images of characters. Both Hells Angels and Skinhead are registered trademarks, for example. And what I have in mind for Humpty Dumpty definitely wouldn't be approved by anyone who could claim ownership of that character.

I could play safe and call him Dumpy Humpy (Humpy Dumpy would make it sound like obesity porn), but I would still want an egg-man type character on the cover. (Eggman is also a trademark, used as an alternative name for Dr Robotnik from the Sonic games).

I differ, though is possible that you have a different law in your country.

Let me be clear, I believe the following is perfectly usable.

"... and there were 3 skinheads by the light post on the corner."
"... some said he had been in the Hells Angels in his youth and had spent 10 years in prison before he entered the Service of Our Lord."

Now when I said titles weren't protected, I mean that if someone had a book called "The Golden Sands," or one called "Black Stallion" then you could also write a book of a similar title. Sometimes people like to help their causes and avoid conflicts up front, and say something like "Black Stallion" , ..., of the High Plains." with the second line in smaller type or at least removed from the initial line.

Personally I would avoid something totally identical for several reasons, but I believe it is entirely legal.

A trademark is somewhat different, and I have run into that before. My wife had a incorporated shop with a name "Something" and we found out that there was another shop in the same state about 300 miles away named that. The man claimed prior ownership to a sales person with a clear threat of suing, but then we met (bought from her in fact) the lady that had the International trademark on that name on her line of jewelry and she just laughed. As a practical matter, we finally just said the name is "Something , ..., of Somewhere." and that precluded any problems. The man claimed we had copied the image from his, but it was the image of a plant which is not copyrightable, and one of our children had drawn the original and we had that artwork.

Anyway, nothing ever came from it, but we did cover our bases ahead of time just to avoid any trouble. My wife wanted to run a shop, not litigate.

[dadioflex]

I wanna read Humpy Dumpy.

Anyway... do what you want with the character. There are already hundreds if not thousands of works of fiction which use Humpty Dumpty, including that atrocious Puss in Boots movies.

[Justin Nemo]

If I could quote a thread from another forum I am following:

“If your fictional work mentions a trademarked product or service, like Ford Mustang, or Chicago Bears, you're not using it as a trademark, it's just a reference, not competition in commerce that any consumer is going to confuse with the car manufacturer or the pro football team, so it's not trademark infringement.

If you intend to submit your novel to a literary agent, who in turn will submit it to publishers, they'll require you to contractually agree that your work doesn't infringe on anyone's contractual, copyright, trademark, privacy, publicity, defamation, etc. rights, and to indemnify them from anyone who claims their rights have been violated, and they may or may not offer help with a lawyer and/or an editor to "vet" your work. You may be best off hiring an entertainment lawyer for that purpose, and to copyright the finished book.”

Obviously old fatty egg is a character and not a product or service. Also laws vary greatly from country to country.

It seems that there is now a lot of pressure on established authors since the change in European Law, to actually 'product place' trade names into their fiction. This is obviously another pay stream for authors, but how will it affect the end product?

[mr ploppy]

Originally Posted by belowforty

In my opinion you can use Humpty Dumpty as a name of character even if this is already used by someone else. Also if you use this name for your story it looks like a new episode of an old story. I think you should go for a new and creative name like Mr. Egg.

This is probably closest to what I have in mind, except mine would be for adults only and played (mostly) straight rather than for laughs.

http://www.amazon.co.uk/Who-Pushed-H...dp/0375841954/

[dadioflex]

Robert Rankin has this as his stock in trade:

http://www.amazon.co.uk/Hollow-Choco...dp/0575074019/

Read that a couple of years ago and I'm fairly sure Humpty Dumpty is name-checked in it.

[mr ploppy]

Originally Posted by dadioflex

Robert Rankin has this as his stock in trade:

http://www.amazon.co.uk/Hollow-Choco...dp/0575074019/

Read that a couple of years ago and I'm fairly sure Humpty Dumpty is name-checked in it.

I'll have to have a look for that next time I'm in the second hand shops.

[crich70]

Actually Humpty Dumpty is based on a real person. One of the kings of England to be precise. He was heavy set (which is what Humpty Dumpty actually means) and he was directing his troops during a battle from atop a hill (the wall) when he had a great fall (he was killed) and all the king's horses and all the kings men couldn't put humpty together again (they couldn't bring him back to life). So I don't understand how anyone can claim him as their property. An image perhaps can be but not I would think the name itself.

[mr ploppy]

I read that Humpty Dumpty was the name of a cannon that broke when it fell. But it's the traditional talking egg on legs that I'm interested in using.