EULA question about chartacter names

I've got a sort of odd (but still cool) situation I was hoping to clarify. I sent a PM to the devs, but no reply yet, and I'm worried time may be a factor.

I know I can't name a character after a known fictional character. But...

What if I wrote a non fan-fiction story, then made a character in game with the same name, and of vaguely the same type.

For example, I write a SF story and name my hero, a smuggler/rogue, Bob Weever. Then I make a Dual Pistols/EM blaster with a sort of sci-fi outfit, a generic space rogue background, and the same name. A year later, someone buys and publishes that story.

I'm technically the copyright holder of the name, but under the EULA, NCSOFT owns it, meaning I can't use it in the story, correct?

If so, then my next question would be if changing the name in game would make it all a non-issue.

Thoughts?

Always best not to use a name that you as a writer might want use in a story in this game.

Technically if you make the character here first it is NCSofts and not yours anymore.

Thanks for the replies.

My concern isn't that I won't get to keep the character's name in game, I just don't want it to get to the publisher and mess things up on that end.

The only reason I used the name in the first place was everything else I tried was either taken or stupid. A friend had an issue where a name was generic'd for what amounted to a reading failure and a dirty mind on the part of the person reporting it and the GM's the person petitioned after. it was never fixed, so I wouldn't expect to be able to provide any level of proof that would allow me to keep the name in game.

Right now, there is still time to change either one. I'd just like like to know If I need to.

I recently ran into a situation similar to this. I was rolling a Dominator, which I dressed up as a scarecrow or hobgoblin. Looked certifiably badass as far as scarecrows go.

When I got to naming him, I hit a snag. I was rolling a villain with a scarecrow or hobgoblin theme. Both "Scarecrow" and "Hobgoblin" are names of popular scarecrow- and hobgoblin-themed villains in DC and Marvel comics, respectively. Took me the better part of an hour to think of a name that didn't seem to say "possible ripoff of a Batman villain."

I would strongly advise changing the game character's name. Even if you are the creator, if the name and/or design of a game character is similar to that of one from an outside work, NCSoft will treat it as a copyright violation and generic them if/when it's brought to their attention. I have actually seen this happen, several years ago.

Also, as noted, the publisher finding out that the character name exists in a game with a EULA may make them skittish; it depends on how hungry the lawyers are that day. I'd say save a lot of headaches and just rename the toon.