ok, so we're looking for a new name for our website. It sells things with a spaced based theme from a popular franchise. The products we sell are licenced products of the franchise (via a 3rd party). So there is no problem with the products we sell, we just want a name that doesn't infringe on anyone's IP (especially the franchises), whiles still being vaguely memorable and space themed.
One suggestion that we liked was "Dark Star". It's kind of memorable, space related and the specific domain we're looking at is available.
But a quick google search reveals that there is a 1974 film called "Dark Star" (no, me either). So does that mean that, because there was once a film called Dark Star that the particular combination of words is now off limits for all time?
Or can we use it if we're using it in a way that is completely unrelated to the film, selling a completely unrelated range of products is that ok? For example if we are selling licenced space themed mugs, from say the BattleStar Galactica franchise, could we call the website "Dark Star Mugs"? Clearly there is no relation between the film and the product we sell, and therefore no attempt to associate ourselves with the film.
Also, in this case, Dark Star is an actual (scientific) thing. Like a gas giant, or supernova, or blackhole. So if someone names a movie after a "thing" that existed before the movie, can the movie "hijack" the word? (Note: Supernova and Blackhole also happen to be films, so does that rule out Blackhole Plumbing? SuperNova Demolitions?)
ps. The above names are just examples to help figure out what is acceptable, obviously "Dark Star Mugs" would be a stupid name. We just want to know if it is ok, or not, or maybe.
ps. The above names are just examples to help figure out what is acceptable, obviously "Dark Star Mugs" would be a stupid name. We just want to know if it is ok, or not, or maybe.
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