The superhero name I used in my WIP has been used by someone else

How well known is the character? Is the preexisting character a comic book character? And is your WIP a comic or a novel?

How common is the name? Is it the "hero name" of the person's regular first name?

I find I run into the same problem. My brain tends to retain a ton of stuff that sits right below the surface so I'll often use names of people/things that I've read before and then have to go back and change them. To fight that I tend to google every name I use to make sure it isn't being borrowed.

I'm sure there is something about your name you can change so it's not exactly the same. The webcomic is published in some format so it might be subjected to copyright protection. I can't say for sure because I don't know how names and such work. Lots of people have books with a MC named Mike Smith and it's fine. Someone posted this link about copyright the other day. You can read it over and see if it applies to you.

IANAL but the major question I'd have is if the webcomic in question has trademarked the name. I don't think you can copyright a name? But I think you can trademark one - I know Marvel, DC and Image trademark everything they can. I believe trademark is what caused Captain Marvel-DC to be officially renamed Shazam?

i'm gonna go off topic, just a bit, and feel free to kick me in the junk for it - we can take it elsewhere for sure.

does your supe need a name? i ask because my project has a superduper type and i'm hoping to avoid ever doing any kinda name. is your's a comicverse type thing where supers and their names are common? or is yours more of a 'real' world where there are few if any supers?

anyway, thanks. i don't have much to offer to the actual topic

Well, similar names are going to be found everywhere, I think. Like, one of my characters has a superhero name that is also the name of a player for Marvel Vs Capcom 3. Now, here's the thing. We don't have any similarities, like the character in my story isn't like the guy with the name " Viscant ", see what I'm getting at?

Penguin said:

Hi

In my books, superheroes' identities are hidden, so they go by their superhero names. Hope I answered your question--my brain's a little mushy from too much gaming

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i think i'm smellin' what you're cookin', thanks.

Penguin said:

Yeah, thanks



Yep, it's the chicken soup I made. And it came out delicious, if I may say so myself.

Lol, thanks for the help

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Well, now you're being cruel! I'm hungry...

Do you have a whole plethora of supers running around? It's part of the culture in your story?

Penguin said:

Sorry!

In my book, there's a league of superheroes, so the "human" world knows about them, but there are some people with powers who hide from humans, too. (it's kind of like a mix of the Justice League and X-Men). The main characters of my novel(s) are part of the league. In No Ordinary Hero (book one of the series), one of the boys goes undercover to befriend a human who will blow up the world. She has a power but doesn't know about it. So...yeah. Most people with powers live with the league since they feel safe there. Hope I answered your question

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yup. all good. do you have any alternate names on standby in case you find you're hosed, legally?

oooh, oooh - are there other supergroups around? you could even poke fun at the situation saying that some litigious west coast group (or whatever) filed suit against ultrasexyherogirl and she had to change her name to hotbot or something.

Penguin said:

If someone finds a problem with my using the names I've chosen, I'd change it, no problem. I feel like there are many superhero stories around so names are going to overlap. I hope I don't have to change it, because it's perfect for this character.

Hmm...you just gave me an idea for a possible sequel. Thank you! (lol)

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cool, but i expect a deluge of praise in the acknowledgments

I can't count the number of times I've read novels that use the same aliases/titles/etc.

Warden
Ranger
Overseer
Guardian
Dragoon
Gaia
Dark One
Morrigan (as a magical and powerful warrior woman)
etc etc etc.....

It sounds like this is the vein of the name you've chosen (as opposed to Captain America or Stargirl), so I don't think you have anything to worry about. Given that the characters are so different, and the webcomic owner isn't Marvel or DC (therefore likely to fight tooth and nail for their name), I'd say go for it.

I would recommend against titling the book after the superhero though (e.g. if your hero's name is Raider, I wouldn't call the book "Raider: At World's End" or something). That would just be drawing undue attention to your book, and is essentially branding your series after a name that "already existed".

I'm having the same problem in a future work that I hope to be in progress sometime next year. I'm not an avid comic book reader so I had found out from some people I was bouncing ideas off of that those names were already 'taken' (Silver Fox and Apollo). Now I'm sure I can do whatever the hell I want with Apollo, but Silver Fox is a minor character in Marvel comics. The name is the only thing they share in common.

mrFurious said:

i'm gonna go off topic, just a bit, and feel free to kick me in the junk for it - we can take it elsewhere for sure.

does your supe need a name? i ask because my project has a superduper type and i'm hoping to avoid ever doing any kinda name. is your's a comicverse type thing where supers and their names are common? or is yours more of a 'real' world where there are few if any supers?

anyway, thanks. i don't have much to offer to the actual topic

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Just wanted to add my two cents in here. While a superhero springing up in this universe would scare the living hell out of people and perhaps prove a supernatural presence, thus sparking many debates, in time the media will give the hero a name. It would be insane if they didn't. I mean they gave the white Muslim woman who may or may not have been in the Kenya mall attack a name (The White Widow), a super-hero would no doubt be dubbed a name.