Can you trademark a proper noun from a work of fiction?
<p>We were just having a discussion whether <a href="https://uk.lush.com/products/new-products/pan-galactic-gargle-blaster" rel="noreferrer">Lush's naming of a mouthwash as "Pan Galactic Gargle Blaster"</a> is benefiting from the popularity of the Hitchhikers Guide to the Galaxy series, which led to the intellectual property concerns behind this. My two questions are:
1. Could the Adams estate legally challenge Lush in any way, for use of this name?
2. Would Lush be able trademark the name, given they are actually trading a product with that name?</p>

<p>I'm in the UK, but I'm sort of interested whether there are any interesting interactions of this sort between IPR law and products in works of fiction anywhere in the world.</p>

<p>If there is a risk that the use of "Pan Galactic Gargle Blaster" can cause confusion in the consumer that the product is in some way related to, produced by or endorsed by the owners of the IP (the owners) in The Hitchhiker's Guide to the Galaxy <em>when it isn't</em> then this is a trade mark infringement.</p>

<p>The key point here is that it is <em>extremely</em> likely that Lush has an agreement with the owners, in which case this is perfectly fine.</p>

<p>Absent such an agreement the owners could shut it down and sue Lush for an accounting of profits or other damages.</p>

<p>Notwithstanding, Lush could not register a trade mark as they are not the original user of the trade mark.</p>

intellectual-property