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Using product names in stories?

The DiigitalsThe Diigitals Posts: 380
in The Commons

Hey!

Am I allowed to keep the names or use the names of certain aliens and figures in my stories?

I've used the Lekkulion morph and would like to keep the name for the species of alien.

I know it's kind of unoriginal but want to pay homage to the creators.

Comments

  • 3Diva3Diva Posts: 12,000

    Hmmmm That's a good question. If you can use the character "as is" without making changes (which nothing that says you can't) then I guess it stands to reason you probably could use the same name? However, you might check with the PA and ask them, out of respect for their creation. :)

  • The DiigitalsThe Diigitals Posts: 380
    edited February 2018
    Divamakeup said:

    Hmmmm That's a good question. If you can use the character "as is" without making changes (which nothing that says you can't) then I guess it stands to reason you probably could use the same name? However, you might check with the PA and ask them, out of respect for their creation. :)

    That tricky fine line between homage and plagiarism lol

    Post edited by The Diigitals on
  • DrNewcensteinDrNewcenstein Posts: 816

    Best way to look at it is this: the PA named it something specific most likely because they already have a storyline to go with it. It'd be like creating a sci-fi story that had nothing to do with Gene Roddenberry or Star Trek but naming the pointy-eared Science Guy "Spock", or saying he's a Vulcan, or came from a planet called Vulcan. Certain things are assumed to be universal, like 'Star Fleet' or "The Empire/Rebellion" et al, but "Jedi" and "Sith" would have to be considered as proprietary as Batman, Superman, or a car brand and model called Chevy Lumina (though I wouldn't be surprised if there was a Star Wars character named that).

     

  • Serene NightSerene Night Posts: 17,704
    edited February 2018

    I think casual mentions of things like the make and model of a character's vehicle and the names of exisiting properties, are okay, but I would probably avoid naming your aliens after an existing product to avoid any problems.

    Then there are products which are clearly fair use like: zombies, ghouls etc. Which may have the same name as a product sold here but are also existing critters whose likeness has been created. So obviously it depends on how unique it is.

    If I render a character in a uniform called military uniform and I also refer to it as a military uniform, that name is hardly unique enough to be trademarked.

    Post edited by Serene Night on
  • DrNewcensteinDrNewcenstein Posts: 816

    Lucasfilm actually trademarked "droid". Roger Corman tried to trademark "zombie" some years ago and failed. 

  • NathNath Posts: 2,978
    DrNewcenstein said:

    Best way to look at it is this: the PA named it something specific most likely because they already have a storyline to go with it. It'd be like creating a sci-fi story that had nothing to do with Gene Roddenberry or Star Trek but naming the pointy-eared Science Guy "Spock", or saying he's a Vulcan, or came from a planet called Vulcan. Certain things are assumed to be universal, like 'Star Fleet' or "The Empire/Rebellion" et al, but "Jedi" and "Sith" would have to be considered as proprietary as Batman, Superman, or a car brand and model called Chevy Lumina (though I wouldn't be surprised if there was a Star Wars character named that).

     

    Chevy Lumina would be a great Star Wars name laugh

  • Griffin AvidGriffin Avid Posts: 3,832
    edited February 2018

    You are allowed to - since you actually can't trademark names, but you can trademark logos containing that name.

    I can make a book, movie etc called The X-Men, but I couldn't use that iconic lettering. But, no matter what the law says, a judge could always decide different.

    Madonna has sued and gotten the use of her name for a domain. WWF became WWE.

    Vulcan is the name of a cannon among other things. http://www.f-16.net/f-16_armament_article5.html

    But when you are saying it in context to a reference then yeah you are alluding to Paramount's intellectual property.

    Chevy Lumina That was very funny. The guy who does this comic pays homage and references Daz all the time.

    The main artificial baddies are Vyktor and Vyktoria, and as artificial beings, their numbers increase with each model rolled out. So yeah, there's a 'Victoria 8'.

    This page pull has a product reference.

     

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    621 x 808 - 1M
    Post edited by Griffin Avid on
  • nonesuch00nonesuch00 Posts: 18,795
    DrNewcenstein said:

    Lucasfilm actually trademarked "droid". Roger Corman tried to trademark "zombie" some years ago and failed. 

    You can see there money at work. Of course people continue to use the word droid how they please as they did before Lucasfilms and 9 times out of 10 without any Lucas created entertainment considered a factor.

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