Writing Stack Exchange
Writing Stack Exchange

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.

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. This type of question often goes in a direction. You might want to add your location so that answers can be tailored towards your specific needs.

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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 referencing those characters in a real-world…
Nerrolken
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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 another name, I'm worried about using the trademarked…
Margaret Belt
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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 mundane and completely unassociated with the fictional…
Charles
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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 to be used to any extent? P.S. Respectfully,…
Bruce Karn
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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 describing is very similar to the one in Iron Man? Let's…
user36239
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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, songs etc., and I'm wondering if I'm being…
MoniqueH
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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 public domain as far as I understand. However,…
Curious
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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 that re-uses the name, but have different…
user55751
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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 names have song lyrics and titles, such as 3: Look up…
user1799848
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Can I use an alien species name from another work of literature in my story?

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 or E.T.) Could I mention that species by name in…
Jacob Jones
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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 time I mention it, or will it be (legally…
Joshua
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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 use their own illustrator and take the book…
Syp-writer
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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 faction (The Brotherhood of the Shadows) was in…
Ferus Olin
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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
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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 mentioned a Lego Millennium Falcon he put together…
Lisa
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