If my character has the same name as a character from another story, will the publisher tell me to change it?
Whether the answer is yes or no, can you explain why?
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1Closely related, if not an outright duplicate: writing.stackexchange.com/q/291/23927– F1Krazy ♦Commented Aug 8 at 8:30
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9I highly recommend extensively googling every name you came with early on. Not only to avoid inadvertedly copying the names, but also to spot any kind of baggage or unexpacted second meanings.– byMaelstromerCommented Aug 8 at 11:02
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2One thing I'd be even more wary of than coincidentally or subconsciously copying a name from fiction would be doing the same with a name of a real person.– DiviznaCommented Aug 8 at 13:47
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Why, would you mind explaining?– Linh PhùngCommented Aug 8 at 13:57
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3Why would you do that in the first place? Whether it's a deliberate choice or not, readers would assume it is; they might wonder whether it's supposed to be the same character, or else they'd be likely to look for parallels or references or other reasons for reusing the name. Either way, it'd probably lead to confusion. (And that's assuming it ever got as far as publication, without legal action from the owners of the original name etc.)– giddsCommented Aug 8 at 16:54
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2 Answers
If the name is relatively unique and everyone will think of the other work when they hear it (e.g. Gandalf, Harry Potter, Jack Reacher), you will very likely be accused of trying to profit from the fame of the other work and, if that name has been registered as a trademark, get sued.
This is not a problem if your character owns a cat that he names Gandalf because he loves the Lord of the Rings, but it will be a problem if you have a detective you name Jack Reacher.
If the name is commonplace and having chosen the same name as in another work would be considered mere chance or even unavoidable (e.g. Kate or Peter), you will have no problem.
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1+1, and you can also be sued for obvious attempts (if is isn't Parody) like "Harry Plotter" or "Jack Reecher". Even if you claim you did not intend to do that.– AmadeusCommented Aug 8 at 10:39
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4Harry Potter is an extremely non-unique name (just barely less common than John Smith). I remember coming across a character named Harry Potter in an old mystery (I think it was something by either Christie or Chesterton, don't remember which). But of course now the wizard boy has become so so famous, every Harry Potter will make people think of that Harry Potter, so you can't use it.– DiviznaCommented Aug 8 at 13:38
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8Even if you're not likely to get sued, the publisher might still want you to change it so as to avoid the association or confusion– komodospCommented Aug 8 at 15:58
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1@Divizna and then there's the story of "The Legend of Rah and the Muggles", which has a character named Larry Potter and came out before JK Rowling's works. Commented Aug 8 at 19:15
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1If Harry Potter is a school boy, and everyone makes fun of him because of his name just like that movie wizard boy, that might be fine anyway. Commented Aug 9 at 12:51
If it is trademarked, yes. If it is unique and recognizable, yes. If the name simply happens in another book, but it is not trademarked or unique, then you should be fine. It's also just considered rude to use a name without asking the other author, when you know of it.
