Does it infringe on copyright or trademark law if you make a fictional product IRL?

[1337]

What is the name of your state (only U.S. law)? N/A - I'm asking in general, though please let me know if the answer is different depending on the state.

Would copying the name of a product that does not currently exist from a fictional work be considered copyright infringement? Would you have to worry about a lawsuit (with a chance of winning) if you built someone else's fictional idea?

For instance, if you were the guy that built a waterbed based on Heinlein's "Stranger in a Strange Land". Or if you named a happy drug Soma (as in Huxley's "Brave New World").

Thanks!

 

[quincy]

What is the name of your state (only U.S. law)? N/A - I'm asking in general, though please let me know if the answer is different depending on the state.

Would copying the name of a product that does not currently exist from a fictional work be considered copyright infringement? Would you have to worry about a lawsuit (with a chance of winning) if you built someone else's fictional idea?

For instance, if you were the guy that built a waterbed based on Heinlein's "Stranger in a Strange Land". Or if you named a happy drug Soma (as in Huxley's "Brave New World").

Thanks!

What is the name of your state or, if not in the US, what is the name of your country?

It would not be a copyright issue as much as it could be a trademark issue, although it would be the holder of the copyrights who would probably be the one to take legal action.

Think of the Harry Potter and Star Wars franchises, and all of the Disney movies, to see how products are developed from fictional works. Capitalizing on the popularity of a fictional work by creating derivative works or licensing rights to use the work can a substantial source of income for the creator of the work.

The more a name is connected in consumers' minds to a particular work, the greater the risk you have of infringing on rights.

But specifics matter.

 

[quincy]

But don't provide specifics here. Those you will want to discuss personally with an IP attorney in your area.