Forum: Author Hangout

Pistol Pete

PotomacBob 🚫

In about 1963 or so, I met a local radio personality known as "Pistol Pete" (I forget his last name). A few years later, i moved to Atlanta and met Pistol Pete Maravich, pro basketball player.
that there were two people known as "Pistol Pete" makes me wonder if there was somebody before them that had that moniker. I've looked online with no luck (my search skills are poor). Pistol Pete sounds to me like it could be a cartoon character or maybe a sidekick to a singing cowboy. I'd like to use the reference in a WIP. Anybody know?

Replies: REP jimq2 awnlee jawking PotomacBob irvmull JoeBobMack

REP 🚫

@PotomacBob

Why would two people stop you from using Pistol Pete?

I doubt that it is trademarked.

Replies: Grey Wolf

Grey Wolf 🚫

@REP

"Pistol Pete" is, in fact, trademarked as the official name of Oklahoma State University's mascot.

That wouldn't prevent using it for any non-mascot purpose, especially in a work of fiction. Trademarks are protected for specific purposes (in this case, university mascot) and the mere existence of one doesn't prevent use of one for other purposes. One test is whether there's a reasonable risk of consumer confusion.

Fair Use would also likely apply even in the case where the story involved some hypothetical fictional university with the mascot 'Pistol Pete'.

It's really very hard to get into trouble just by using a name. Using a name, character description, and so forth for a fictional character in a commercial work of fiction is problematic, though. But using the name of an actual person seems likely to be fine, even if:
- it's in a commercial work
- you get major details wrong in a way that makes the actual person look bad
- you claim it's 'based on a true story'
- the person is NOT a famous person (famous people have less protection than non-famous people, in most cases)

Replies: Dominions Son Switch Blayde

Dominions Son 🚫

@Grey Wolf

That wouldn't prevent using it for any non-mascot purpose, especially in a work of fiction. Trademarks are protected for specific purposes (in this case, university mascot)

They likely also have trademarks that cover clothing and other merchandise.

Replies: Grey Wolf

Grey Wolf 🚫

@Dominions Son

I agree. My guess, though, is that even a book about OSU with a fictional person being chosen to be 'Pistol Pete' would not run afoul of the trademark. I might be wrong about that, though.

But a 'Pistol Pete' with no university connection seems unlikely to infringe, even theoretically.

Switch Blayde 🚫
Updated:

@Grey Wolf

That wouldn't prevent using it for any non-mascot purpose, especially in a work of fiction.

"Pistol Pete" is the mascot for Oklahoma State University and New Mexico State University.

jimq2 🚫
Updated:

@PotomacBob

A Disney cartoon character from way back.
A cartoon character from the Goof Troop series.
OSU's Mascot - based on a real person from Conn.

awnlee jawking 🚫

@PotomacBob

my search skills are poor

How hard is it to type 'pistol pete' into google?

AJ

PotomacBob 🚫

@PotomacBob

Thanks to all who answered. I have decided against using Pistol Pete in my WIP. As unlikely as it may be, I have no desire to get into a dispute with Disney or Oklahoma State over a trademark issue, and even if I had a decent chance of winning, I could not afford to pay for a legal defense.

Replies: Grey Wolf

Grey Wolf 🚫

@PotomacBob

Everyone has their own risk tolerance. Personally, I wouldn't worry about it for a noncommercial work of fiction. I probably wouldn't even worry about it for commercial works of fiction, but that's me.

I have a billionaire (well, an alternate-universe version of said billionaire) as a significant character in my story. If he decided to dispute things, I would have to capitulate. But I don't expect that to happen, and the legal case is extremely shaky to nonexistent.

irvmull 🚫
Updated:

@PotomacBob

Do whatever you like, but there are Pistol Pete's bar & grill, Pistol Pete's motorcycle repairs, and hundreds of various businesses using that name. Apparently, they haven't been bothered. Unless your character is a mascot or a cartoon, why worry about it?

Pete Maravich was never sued over his nickname "Pistol Pete"
The nickname was a natural one given to him due to his unique, side-pocket shooting style that resembled a person pulling a pistol from a holster.
Legal issues surrounding the "Pistol Pete" name have only involved trademark disputes between Oklahoma State University (OSU) and New Mexico State University (NMSU), both of which use a cowboy character based on the real-life historical figure Frank Eaton as their mascot. These lawsuits did not involve the basketball player.

And Maravich was a real, high-profile person in the news a lot. The one in your story would be fictional.

JoeBobMack 🚫
Updated:

@PotomacBob

Claude Sonnet 4.5 with extended thinking and deep research turned on took 4 minutes and looked at 241 sources to produce an interesting report. The name began with a gunslinging teenager, Frank Eaton, who walked into Fort Gibson in the Oklahoma territory in 1875 and out-shot every soldier there. Supposedly he had practiced obsessively after seeing his father killed by bandits (Holy back story, Batman!). He lived to age 97, dying in 1958 after seeing his nick name assigned to three prominent athletes. The college mascot name was adopted after students saw him lead the 1923 Armistice Day parade wearing his Colt .45s and Stetson hat. Supposedly, Yosemite Sam was modeled after him.

Replies: awnlee jawking

awnlee jawking 🚫

@JoeBobMack

Frank Eaton was the name I found and deemed to be a potentially credible source (see my link to truewestmagazine above).

However, the white and yellow stuff you see on my face is egg, because Google has thwarted my search for a claim that every person's DNA is shared by an average of seven people on planet Earth. All the links I get from Google claim that every person's DNA is unique on planet Earth.

AJ

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Pistol Pete

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