Can I Copyright Names of Cafes and Restaurants in My Book?
Many aspiring authors wonder if they can copyright the names of cafes and restaurants they invent in their books. However, it's important to understand the difference between copyright and trademark law and how they apply to fictional names and phrases.
Protected versus Unprotected Legal Rights
To begin, it's crucial to understand that names and short phrases, in and of themselves, are not copyrightable. Copyright law protects original works of authorship, such as literature, music, and visual arts. Names and phrases do not meet the threshold of creativity required to qualify for copyright protection. They are essentially informational and descriptive, which fall outside the scope of copyright.
While you cannot copyright a name or phrase, you may seek protection under trademark law. Trademark law protects brand names, logos, and other identifiers that can distinguish goods and services. For example, if your made-up names for cafes and restaurants come to be widely recognized as identifying your works, they could be eligible for trademark protection. However, to achieve trademark protection, you must use the names in association with real goods or services, or you must have a bona fide intent to use them in the future.
Real-world Application and Usage
Even if you cannot copyright these names, it's worth noting that if your book becomes extremely popular and people start using your fictional names in the real world, this is not actionable as a copyright infringement. Copyright infringement only occurs when someone copies your work or a derivative work without your permission. If people start using your fictional names without your explicit permission within the context of the book, this is not a violation of copyright law.
Evolution of Names as Brand Identifiers
When an author's fictional name becomes so popular that it enters the public consciousness, it can influence real-world naming. For example, Janice Meredith coined a name that later became widely used, even by people who have never heard of the author themselves. This shows that a writer can have a significant impact on culture and inspire others to adopt similar names.
Practical Applications for Fictional Names
For authors, if these names or fictional cafes and restaurants continue to feature prominently in the books of a series or a "brand" of books, they may eventually be recognized as the source of your works. This does not require the names to be used for running actual businesses, but rather, they should identify your creative output.
Interestingly, the more abstract or unrelated your trademark name is to a specific business, the more distinctive it will be considered by the United States Patent and Trademark Office (USPTO). For example, Disney's trademark on Mickey Mouse extends long after Mickey Mouse entered the public domain, even though Disney didn't become an exterminator.
Legal Considerations and Disclaimer
It's important for authors and potential trademark owners to note that plain facts, such as non-fictional aspects of your book, are also not subject to copyright. Therefore, forget about trying to copyright the names of restaurants based on the content of your book. Instead, consider whether your book might form the basis of a series or a brand that could benefit from trademark protection.
If you plan to use the names of fictional cafes and restaurants in a truly commercial context, you should engage with trademark law. The process involves filing an application with the USPTO and establishing a meaningful connection to goods and services. Otherwise, the legal protection will not be available.
Keep in mind that the legal advice provided here is general and should not be construed as legal advice. Always consult with a licensed attorney for specific legal guidance. I am not your lawyer, and the information provided is for educational and informational purposes only.