Can I name a real company after a fictional company found in a book?

Question

Can I name my company after a fictional company (of the same type) found in a book?

Answer 1

In Exxon Corp v Exxon Insurance Consultants International Ltd (UK court of appeal), Exxon (the large corporation) tried to claim copyright in their name, saying that they had invented the word. It was held copyright didn't subsist in the word because a literary work has to afford information or pleasure, and their one word couldn't do this. Its very unlikely an author could claim copyright over one word, I don't know of any cases of this happening. So you could probably use it.

Answer 2

A key question to consider in whether or not this would be copyright infringement is the question of if it's a "derivative work." For example, if you make a book into a movie, you need to license the rights to do so from the author. A business that happens to be named the same, particularly if it's a common kind of business, is not likely to pose an issue. If you think the author of the book would be supportive of there being such a business with the same name, you could consider writing to the author and finding out what they think. They may also have insights that you'd like to be aware of, such as that there's a sequel coming out where that business turns out to be up to some very shady dealings, and you might not want to have your real-life business sharing its name and type, etc.

Sometimes, businesses do cross over from fiction into reality.

For an example of this in practice, check out the Bubba Gump Shrimp Company, a real-life business (seafood restaurant chain) with a name inspired by the fictional business of the same name in the film Forrest Gump. That was done with the permission and support of the owners of Forrest Gump.

Also consider Soylent, the originally fictional meal substitute.