Questions tagged [trademark]

This tag should be used for questions about the usage of trademarks in writing, such as catch phrases, certain designs that are taken from reality or allusions to existing trademarked names.

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3 answers
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Can I use more specific monsters and creatures legally?

To be specific, metallic or chromatic dragons for an example. I know mindflayers and beholders and such are way off the list. But is the concept of dragons in distinct categories like this too similar ...
Bruce Karn's user avatar
0 votes
1 answer
61 views

Regarding the use of tradmarked public domain characters in a movie parody/satire

Ahhh Tarzan. I was reading an older thread about public domain characters that had been lying in state for many years - but there was a sentence in the conversation that kind of applies to something I ...
Uncle Reggie's user avatar
0 votes
2 answers
134 views

How do trademark laws work for sci-fi tech?

I want to write sci-fi and I love science fiction technologies. However I know you can trademark a name like Star Wars did with droid. Yet, speaking of Star Wars, Larry Niven’s Ringworld is ...
Max's user avatar
  • 3
1 vote
1 answer
131 views

Are you allowed to use sci-fi terms you get from the internet?

I’m working on a sci-fi project for a major franchise and it focuses heavily on sci-fi tech terms and science concepts and terms. Lots of the terms I invented but some I found on Internet forums like ...
Max's user avatar
  • 11
0 votes
1 answer
287 views

Why is the usage of a character's name not always trademark infringement?

In most cases, using a character's name from a fictional universe is not a trademark infringement (unless the character is being reused, that would be a copyright infringement). Why does this happen?
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4 votes
5 answers
3k views

Can a story have a monster called the "Venomancer"?

The name "Venomancer" is taken from the Defense of the Ancients series of video games, where it is a monster capable of poisoning targets. Now I am asking: can a fantasy story have a monster ...
user avatar
0 votes
1 answer
91 views

A location for a big event

My novel I am writing has a Queensland, Australia castle in it, Paronella Park. I did research and I’m using facts, except my characters paid extra to stay inside the castle (which I understand that’...
Christina Fanelli's user avatar
1 vote
1 answer
154 views

Character name trademarks and copyrights [duplicate]

I've had some characters for a while for a comic I'm wanting to write, and until now I never thought about name copyright and trademarks. After looking it up, quite a few of my characters have the ...
NeoPolitan 's user avatar
7 votes
1 answer
2k views

Are fictional town names trademarks or protected intellectual property of their author?

If a town name in a popular fictional work is widely associated with a particular fictional work, can the name be freely used as a name for a new nonprofit organization even if the nonprofit is ...
Charles's user avatar
  • 171
2 votes
4 answers
701 views

Can I reference a Lego Millennium Falcon in my book?

I read the post about referencing real and fictional characters but would like to know what you think about this. I am writing a book where the character is looking back at his childhood toys and I ...
Lisa's user avatar
  • 21
10 votes
4 answers
2k views

How can I safely use "Thalidomide" in my novel while respecting the trademark?

Thalidomide is a tricky one, as I am referring to its disastrous past regarding birth defects; however, Thalidomide is still used as a immunomodulatory drug today - and even though its used under ...
Margaret Belt's user avatar
1 vote
1 answer
298 views

Is it legal to write a novel about people playing "League of Legends"?

I was wondering if using trademarked items such as a bottle of "Pepsi", or a video game like "League of Legends" can make you vulnerable to lawsuits. I think so, but I am not sure, because I see a lot ...
puffofsmoke's user avatar
6 votes
4 answers
647 views

Are fictional inventions trademarked?

I am wondering if I can include fictional inventions like the power suits in Iron Man. I believe that "power-suits" are used legally by a lot of media; however, what if the power-suit you're ...
Sayaman's user avatar
  • 14.9k
1 vote
1 answer
239 views

Referencing another company's product in my product manual

I'm making a manual that references a product that is not mine. What would be the correct way to note this? I'll give an example of a common product (this isn't mine, but it's a similar idea). Ex. ...
Charles's user avatar
  • 11
2 votes
1 answer
203 views

Could I use obsolete brand name in fiction book

I am currently working on a fiction book and my characters work for a company that in real life has been out of business for 30 years, but in my fiction book there is an alternate scenario and it ...
adam bojovic's user avatar
-2 votes
1 answer
986 views

Is it copyright infringement to Disney if I were to name my online company BuzzLightYear? [closed]

I want to use the name BuzzLightYear (one word) as a business name. What are the laws on character copyright infringement for just using the name of a Disney character? And in this case a slightly ...
watchamacolin's user avatar
5 votes
5 answers
2k views

Using Trademarked Public Domain Characters as supporting characters in story

I've been trying to find a decent answer to this question for days but no luck so far. I've decided to pose the question to you all, and hopefully some of you will know the answer. Tarzan is in the ...
Curious's user avatar
  • 51
3 votes
1 answer
118 views

How to protect my idea/design to re-publish a public domain book?

I found a public domain book that has never been re-published and I wanted to include illustrations with the book. If I submit manuscripts to publishers, how can I protect my idea? What if they just ...
Syp-writer's user avatar
1 vote
2 answers
5k views

Can I use the real name of TV shows in my novel? [duplicate]

My main characters are famous. Can I use the actual name of entertainment TV shows, such as 'Entertainment Tonight' in my fictional novel?
saints50's user avatar
4 votes
7 answers
7k views

Can I legally use these song lyrics as book/chapter names?

This topic has been discussed--but please advise me on this particular test case. The title of the fiction novel is "Shorter of Breath" -- a reference to a lyric in Pink Floyd's "Time." Chapter ...
user1799848's user avatar
3 votes
2 answers
533 views

Can I use names of characters and groups that other authors/creators have used already?

After I began writing my series, I decided to type some of the names into Google. I found that the name of one my characters (Trent Steele) was used in an episode of The Simpsons. I also found that a ...
Ferus Olin's user avatar
6 votes
3 answers
12k views

Referencing real and fictional people/characters in novels - legal implications

I've been going out of my way to avoid referencing famous people in my novel as well as fictional characters, but I keep seeing pop culture references in other books I read as well as in TV shows, ...
MoniqueH's user avatar
  • 959
0 votes
2 answers
209 views

How do I refer to a trademarked object in fiction?

I wrote the sentence: Walking into the room, Zion was standing at a tall drafting table putting together what looked like a space station with his legos. When using brand names for toys, should I ...
trin carl's user avatar
1 vote
4 answers
107 views

Use Moscow Metro in a book

I'm publishing a short book about a trip to Moscow that I made. Is it OK for me to mention the Moscow Metro and specific stations? Also I've described walking through it in the following way. Might ...
Ian Warburton's user avatar
4 votes
2 answers
190 views

Can I use an alien species name from another work of literature in my story? [duplicate]

If I wanted to pay homage to a sci-fi author, could I use his or her species in my story? (For example, Andalites from Animorphs; Formics from Ender's Game; describing a species that looks like Yoda ...
Jacob Jones's user avatar
4 votes
2 answers
1k views

Use of Registered trademark

I'm writing a book on Windows and I need some guidelines. On the cover of the book, as part of the subtitle, may I include Windows® in it? Inside the book, do I have to use the ® every single little ...
Joshua's user avatar
  • 41
2 votes
1 answer
3k views

Copyrighted Names

I'm very confused in regards of copyrighted names, some say you can copy right names, and then I read that you can only trademark names and copyright them ONLY if the book/movie is named after them, ...
IamVeryCuriousIndeed's user avatar
1 vote
4 answers
924 views

Can a plagiarist sue one who plagiarized them?

I sometimes write rather vicious satirical pieces that heavily reference (arguably - but possibly beyond the point of plagiarism; definitely the same setting, the same characters, strong references to ...
SF.'s user avatar
  • 15.4k
9 votes
2 answers
3k views

Referencing, but not using, trademarked characters

Obviously, you're not allowed to use trademarked characters like Superman or Batman in your published works. If I wrote a novel about Superman fighting Lex Luthor, I could get sued. But what about ...
Nerrolken's user avatar
  • 273
2 votes
2 answers
3k views

Text referencing protected, trademarked™ and copyrighted© names, what is the correct procedure?

When writing an academic essay, if I was to reference Microsoft or Facebook, should I write Microsoft™, Microsoft® or just Microsoft? What is the difference?
IEnumerable's user avatar