King Kong name can not be trademarked so it perfect legal to use King Kong name for free what out getting sued.
King Kong is also public domain
http://en.wikipedia.org/wiki/King_Kong
As for the movie it is a loose adaptation of the public domain The Lost World
http://en.wikipedia.org/wiki/King_of_the_Lost_World
They would have to make sure that the ape looks different enough that have been shown in the theatres, Tv series and DVDs.
The 2005 King Kong was an adaptation off of the King Kong 1932 public domain novel.
This was proven on November 24, 1976 and in 1982
This movie company like did not know that King Kong name can not be trademarked so anybody can King Kong's name without paying any money to anybody.
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