Question: Would I be legally allowed to name a business after a fictional company on a TV show and actually sell whatever fictional products they "sold"?
Answer:
The practice of naming a real-world business after a fictional company in a TV show and selling similar fictional products can raise several complex legal issues in the Philippines, primarily concerning intellectual property rights.
Copyright Law
The fictional company name and the products they sell could be copyrighted elements, particularly if they are creative or unique. Copyright infringement occurs when someone uses copyrighted material without permission. If the TV show's creators or production company hold copyrights to these elements, you could be at risk of a lawsuit.
Trademark Law
If the fictional company's name or logo has been trademarked, then using it for your business could lead to a claim of trademark infringement. Trademark rights in the Philippines are established either through registration with the Intellectual Property Office of the Philippines (IPOPHL) or through actual use that makes the mark distinctive.
Unfair Competition
Even without trademark registration, the creators might argue that your business activities constitute unfair competition, especially if consumers could be led to believe that your products are officially associated with the TV show.
Parody and Fair Use
While Philippine law provides for "fair use" provisions under Section 185 of the Intellectual Property Code, relying on a "parody" or "fair use" defense can be risky and will depend on several factors, such as the purpose and character of your use.
Seek Permission
To avoid legal risks, it's advisable to seek explicit permission from the copyright or trademark owner. Licenses or agreements can be drafted to legalize your usage of their intellectual property.
Legal Consultation
Given the complexities of intellectual property law, consulting a lawyer specialized in this field is crucial before starting your business. They can guide you on how to proceed without infringing on the intellectual property rights of others.
Conclusion
While the idea may seem creative, naming your business after a fictional company from a TV show and selling similar products can expose you to legal risks such as copyright and trademark infringement. It's crucial to seek professional legal advice to navigate these challenges.