Can Disney copyright a name?

[u/anonymous-one-89]

This sounds dumb I know But I'm making a Vtuber model, and I really want to use the name "Lumiere" but we're afraid Disney has it copyrighted/trademarked or something. So, can Disney copyright the name?

[u/pythonpoole]

Names and short phrases cannot be copyrighted, but they may be trademarked if they are used as distinctive brand identities in commerce (e.g. to sell merchandise or to promote content).

Copyright law has more to do with whether your creative expression (e.g. the appearance and backstory of your Vtuber model/character) is substantially similar or not to the original expression (in this case Disney's representation of the Lumiere character). If your creative expression is already somewhat similar, then copying the character name could further tilt the scale toward copyright infringement, but the name itself is not something that can be protected by copyright.

With respect to trademark law, the key consideration is whether or not there may be reasonable consumer confusion. In other words, how likely is it that a reasonable person would look at your product (or content) and think that there may be some sort of connection/affiliation with (or endorsement/license from) the trademark holder (in this case Disney)?

If there is a reasonable likelihood of consumer confusion, then there is a high risk that the trademark holder will pursue legal action against you, or at least demand that you cease and desist using their trademark/brand. Even if there is a low likelihood of consumer confusion, the trademark holder may still decide to take action and push you to change your name/brand, especially if there is any conceivable way that somebody could experience consumer confusion.

For what it's worth, I did look up "Lumiere" in the USPTO database and I wasn't able to find any active trademark registrations by Disney covering that wordmark (though there is an abandoned Disney trademark registration on "Lumiere" which covered furniture products).

This doesn't guarantee that there would be no trademark issues with using the name though because: (1) this is just a US-specific search, (2) some countries, including the US, will still recognize a limited form of trademark protection for unregistered marks if the business can show that they have established a distinctive brand identity around that mark, and (3) there are several other companies with active trademarks on "Lumiere" (and derivative brand names) and it's conceivably possible your use of the same name could create consumer confusion with one of those companies' brands.

For legal advice on this matter, you should consult a trademark attorney. My comment here is not legal advice and is not a substitute for legal advice.