Hi, I was wondering what legal issues, if any, could be raised if an advertising agency was to create a brand character for a company in a completely different industry to one that already exists with the same name. An example being: Creating a duck character and naming it Huey (which would be similar to the Disney character from Huey, Dewey and Louie).The character itself would look completely different and the company itself is set far apart from any Disney cartoon (it is in the Automotive industry). I understand that names can not be copyrighted as such, but I am more concerned with 'passing-off' although the character will no way look like the 'original' and will not be used to mislead customers in anyway. Are there any copyright/trademark issues here?The character will be used in a campaign along side other characters on social media channels in the UKThanks.
Why invite trouble? If the name Huey has to be used for some other reason, make him an alligator or polar bear. If it has to be a duck, name it something non-Disney.