Can You Use Famous People's Names in Entertainment Products Like Games?

Using the names of famous people in an entertainment product like a game can be legally risky. This article explores the legal considerations and potential pitfalls when borrowing from the names of celebrities. Let's delve into the details.

Trademark and Publicity Rights

Many celebrities have trademark rights in their names and likenesses. Even a slight alteration may not be enough to avoid legal issues, especially if the altered name is recognizable or could cause confusion. If you want to use a celebrity's name in a game, it's essential to understand the legal landscape and protect yourself.

Parody and Satire

If the use of the altered names is clearly intended as parody or satire, it may be protected under fair use laws. However, this is a complex area of law, and the interpretation varies by jurisdiction. Using a famous person's name in such a context may reduce the risk, but it's not absolute protection.

Context Matters

The context in which the names are used is crucial. If the game is a clearly satirical or critical commentary, it may be more defensible. If the game is primarily designed to profit off the celebrity's fame, it may face greater scrutiny from legal authorities.

Consult Legal Counsel

Given the complexities and potential risks, it's wise to consult with a legal professional who specializes in intellectual property law. They can help you assess the potential risks and ensure compliance with relevant laws. Ignoring these legal considerations can lead to costly legal battles and damaged reputation.

Case Study: Street Fighter II and Legal Challenges

The laws for personality rights vary from country to country. In the United States, it is generally permissible to use a name similar to that of a celebrity in a video game, especially for popular names. However, using a celebrity's likeness can be more complicated.

A clear example is Capcom's classic game, Street Fighter II. In the original Japanese version, one of the bosses was an African-American boxer named Mike Bison, who fights in the streets of Las Vegas. This character was designed as a parody of real-life African-American boxer Mike Tyson, who fought many championship bouts in Las Vegas. The situation in Japan was acceptable.

However, when the game was set for a worldwide release, Capcom knew the M. Bison character could cause legal issues in the U.S. To avoid trouble, they switched the names of several characters, and M. Bison eventually became known as Balrog. The M. Bison name still exists on another character, but because the name and likeness were separated, there were no longer any potential legal issues.

Balrog/Bison is not the only Street Fighter character based on a real-life person. Russian wrestler Zangief is based on real-life Soviet wrestler Viktor Zangiev. I presume that Zangiev gave Capcom permission to use his name and likeness. Also, in terms of likeness, Fei Long is heavily based on Bruce Lee, and Dee Jay is based on Billy Banks.

Conclusion

In summary, while altering a name may seem like a way to avoid issues, it does not guarantee protection from legal challenges. Always proceed with caution and seek legal advice if needed. The best approach is to play it safe and get professional guidance before bringing famous names into your entertainment products.

Disclaimer: This is not legal advice. Seek an attorney if you want that.