The main character is an Isekai'd individual who gains a summon skill that lets her create templates of her summons. She makes a summon called Kuriboh that initially can multiply and explode. Some of her summons are even more similar. Yes, it even looks very similar in terms of shape, and appearance.
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You aren't including much detail in your question. You can improve your answers if you provide details like you are using details from a card game system and the name of the product, stuff like that.– EDLCommented May 4, 2023 at 1:29
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Do not use characters that only appear in certain copyrighted works. For example, you can use elves, because they are a common part of folk belief, but you cannot use ents, because they only exist in Tolkien's works. I don't know what a Kuriboh is, but if it is the invention of a contemporary author, do not use it without written permission of that author.– user55858Commented May 4, 2023 at 10:57
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Please keep in mind that not everyone is familiar with every intellectual property ever created. So when you are afraid you are stealing from another property, then you might want to describe the similarities and differences between your work and theirs. Or at least mention which work you are talking about. Because that is only obvious to people who are familiar with the work you took inspiration from, and that demographic is probably not as large as you think it is.– PhilippCommented May 4, 2023 at 12:57
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1 Answer
It could be plagiarism if you represented the kuriboh, with its descriptions and abilities lifted from Yu-Gi-Oh, as your own work.
If would almost certainly be a copyright violation if you used the description and abilities as they are shown in Yu-Gi-Oh. If you just used the name of the species, that would not be a copyright violation. If you used the name, and your species maybe possibly kinda resembled the Yu-Go-Oh species, that would likely be a matter for a court to resolve.
It would almost certainly be a trademark violation. And, trademark violations are the most easy to prove and are harshly punished with punitive fines and loss of revenue and reimbursement of damages to the brand and lost revenue.
I say almost certainly, because trademarks have to defined as to their form -- the Louvre as a trademark on using their name on hats and tee-shirts -- and if you are not using it in the form of their trademark then you might not be in violation of their trademark. Odds are that a fictional use of a fiction game character from their product in your universe would likely end up in court if they chose to pursue a remedy against you or the publisher.
In the end, it only matters if you make a profit on the infringement. If its fan-fic, you might get a letter telling you to stop or get sued. If it lives its life in the drawer, and it never sees the light of day, because its your own private writing, it's a don't-care.
The only people that will care is the publisher. They can be held to account for these kinds of civil violations.
