Can copyrighted names be used?

Question

Can you use the names Barbie Doll, My Little Pony, etc. in a trivia game (without getting permisson from that company) that will be marketed for commercial gain?

oh, so what about Trademarked names?

what would be infringing?

Answer 1

Those aren't copyrighted, they're trademarked. And under some circumstances you can use the names - but you should have an experienced intellectual property attorney review your proposed uses before you market the game.

One example of an acceptable use in a trivia game (I'm not saying that the question/answer is good for the game, but that it's not infringing):

Q. Blonde doll with many friends.
A. Barbie.


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Edit: Contrary to the answer below, your intent to harm the mark holder has absolutely nothing to do with whether or not you are infringing upon a trademark. The principal question in infringement is whether or not your use of the mark tends to cause confusion in the marketplace as to the origin of goods.

Answer 2

Those are not copyrighted -- those names are trademarked.

Copyright protects creative works -- art, literature, music, etc.

Trademarks protect names and logos used in business to identify products and services.

If you are using those names in your game to identify the products produced by those companies -- and not doing it with the intent to harm the company -- then you are free to use the term to reference the product.

The protection for trademark does not prevent you from referencing the trademark when referring to their product. It only prevents you from using the mark on your own products, or using in a way that harms the company either directly or by implication.