Can I use a trademarked name in a project, if I don't own the trademark? | LegaMart

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QuestionMay 10, 2021 - 22:10

Can I use a trademarked name in a project, if I don't own the trademark?

I'm currently creating a game, based on Pokémon and I do not own the trademark, copyright, or anything legally related to Pokémon. In my code, I use Pokemon to describe a specific idea; that a Pokemon is a unique member of a Species (Pokemon: Species as Human: Homo sapiens sapiens). Examples: PokemonService: Holds a universally-unique identifier for a Pokemon (ie. 87628491-1246-4bc1-90cd-8b358f7a4f1c) PokemonStatService: Holds any "stat" value associated with a Pokemon (ie. {pokemon_id:87628491-1246-4bc1-90cd-8b358f7a4f1c,stat=Attack,value=10}) PokemonMoveService: Holds any "move" associated with a Pokemon (ie. {pokemon_id:87628491-1246-4bc1-90cd-8b358f7a4f1c,move=Tackle}) Would I be violating trademark, copyright, or something else if I have different constructs in my code that use the characters "Pokemon" to describe that construct?

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May 12, 2021 - 7:36

n Canada, copyright subsists in every original literary, dramatic, musical and artistic work, in a performer' performance and sound recordings(Copyright Act, RSC 1985, c C-42, s 5(1), 15(1), 18(1)). While the Canadian Copyright Act does not identify video games as a specific type of work and the courts have not directly stated what type of "work" video games fall under, the courts have recognized that video games are protected under copyright. Not only is the video game as a whole protected, but elements of a video game may also be considered works that are entitled to distinct copyright protection — for example, source code, script/dialogue, musical works and sound recordings, voice acting, character design and level design.

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