Can we use the title "Red Rocket" in a short film?

[richardcavell]

Hi, everyone.

I'm an employee of a cerebral palsy charity in Queensland, Australia. We have a client here who fancies himself as a filmmaker. He also likes superheroes and stock monsters. Recently he developed a character called "Red Rocket", with an original backstory. He created a painting of the character, which is about to go on sale at an art gallery, and has written a script about how a young boy turns into this superhero. We have a small video/film unit that is planning to film the script.

Now we find that "Red Rocket" is a named character, from Dark Horse comics. I can also see Rocket Red, and Crazy Blue Rocket.

Our "Red Rocket" is entirely independent of Dark Horse's one. I imagine that with so many comics out there, the possible superhero names are taken. What's the etiquette here? Do we change the name of "Red Rocket" to something longer and so-far unused? Do we put a disclaimer in the credits to say that our character is independent of Dark Horse?

Thanks in advance,

Richard

[Slam_Bradley]

Hi, everyone.

I'm an employee of a cerebral palsy charity in Queensland, Australia. We have a client here who fancies himself as a filmmaker. He also likes superheroes and stock monsters. Recently he developed a character called "Red Rocket", with an original backstory. He created a painting of the character, which is about to go on sale at an art gallery, and has written a script about how a young boy turns into this superhero. We have a small video/film unit that is planning to film the script.

Now we find that "Red Rocket" is a named character, from Dark Horse comics. I can also see Rocket Red, and Crazy Blue Rocket.

Our "Red Rocket" is entirely independent of Dark Horse's one. I imagine that with so many comics out there, the possible superhero names are taken. What's the etiquette here? Do we change the name of "Red Rocket" to something longer and so-far unused? Do we put a disclaimer in the credits to say that our character is independent of Dark Horse?

Thanks in advance,

Richard

Honestly, you need to consult an intellectual property attorney.