I am not sure if “copyrighted words” are the right terms to use, but if I recalled correctly, the Tolkien Estate was threatening to sue D&D for the use of the words “Hobbits”, “Ents” and “Balrog”.
What are some other fictional terms/reference that if used, might earn you a lawsuit? I know for sure Jedi is “reserved”, but what about the Force? Lightsabers? How about Mithril?
I think it’s past the point where Heinlein’s estate could sue anybody for using “grok”.
I doubt you could copyright a single word. You could, however, register it as a trademark.
Small words and phrases cannot be copyrighted, but they can be trademarked. The best way to find out if something is trademarked or not would be to search the database of the U.S. Patent and Trademark Office.
“Jedi,” “The Force,” and “Lightsaber” are trademarks of Lucasfilm, Ltd.
Tolkien Enterprises does not own the rights to the word “Mithril” (which, I just discovered, is a fictional metal in the LOTR universe), but Joseph Bumb of San Jose, Calif. owns the rights to the phrase for use in marketing jewerly, etc.
Of course, some organizations may seek legal resolution even if they do not own the trademark to a phrase (perhaps they want to rightfully make money off of it). I read, for example, that a website that sells T-shirts featuring a phrase from a famous Saturday Night Live sketch recieved a cease and desist letter from NBC-Universal, claiming that they owned the trademark on the phrases “I’ve got a fever and the only prescription is more cowbell” and “more cowbell.” They have not registered such trademarks.
Trademarks don’t have to be registered. Registered trademarks are more readily defensible in court, but even a non-registered trademark can be defended (at least, in principle).
I believe “droid” (or “–droid”) is, as well. Pixar reportedly needed to get permission from Lucasfilm to use the term “omnidroid” in The Incredibles.
DC and Marvel jointly own the copyright on the term “superhero.” No other company can use it without getting their permission first.
The Grateful Dead’s music publishing company is called “Ice Nine Music,” and is named after the element in Vonnegut’s novel that automaatically turns all water to ice. I believe that the band paid him for the right to use the term.
Lucus trademarked a Greek suffix :dubious: ? That takes balls.
In the UK at least, a single word or even a short phrase is considered not to fall under the definition of a “literary work” as defined in the Copyright, Designs and Patents Act 1988.
Absent Futurama’s evidence to the contrary, I might have expected “Soylent Green” to have such protection.
From here:
I would take this to mean you could use the compound word “superhero” without a problem.
Ents and Entwives IIRC are from dutch legend…
Could be, but that doesn’t mean the Tolkien estate couldn’t have trademarked it. Paris Hilton didn’t invent the phrase “that’s hot.”
Trademark. Not copyright. Trademark.
As is “Nazi”.
No joke, they trademarked it when they made Raiders of the Lost Ark. It’s just too bad nobody thought of doing it back in 1933; we could have slapped a “cease and desist” order on Hitler.
So from now on, we have to say “Not to be a Grammar Nazi[sup]TM Lucasfilm Inc.[/sup]?” That sucks.
Oh yeah. That’s like that time some guy from the 1870s sued Hedy Lamarr.
FYI, the [sup]TM[/sup] symbol is applied to trademarks that have been submitted but whose status is still pending. The ® mark is applied to trademarks that have been registered by the U.S. Patent and Trademark Office.
I believe the major point in this case was that D&D were not only using the words, but using them to describe beings in their games that were essentially identical to the fictional entities created by Tolkein.