: Re: Are fictional inventions trademarked? I am wondering if I can include fictional inventions like the power suits in Iron Man. I believe that "power-suits" are used legally by a lot of media;

@Jessie137

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Here's a common sense rule: if it has ever been mass-manufactured as a toy then it is licensed property and has IP protection. en.wikipedia.org/wiki/Intellectual_property
Ironman's armor and SW lightsabers are not "stock" items appearing across unrelated genre works. Compare to medieval knight armor or barbarian swords which are "stock" items. A generic time machine is not protected, but a time machine Delorean powered by a flux capacitor is specific to one franchise.

The fact that they are fictional does not make them less protected. The IP is stronger when they are used consistently and repeatedly within their franchises.

Laser – actual thing that exists in rl.
Phaser™ – exists only in Star Trek franchise.

Android – actual thing that exists in rl.
Droid™ – exists only in Star Wars franchise.

Comicbook character with superhuman abilities – "stock" element that appears across many titles and franchises
Super Hero™ – coined by DC in the 1930s, but not trademarked until the 1960s when the term was already in generic use. The legal
status is disputed but has not been challenged in a court of law

Trademark and Copyright are specific to manufacturing and publishing, respectively. "Fictional inventions" which are intrinsic and specific to their franchises have numerous legal protections including industrial design and trade dress. Comicbook character designs are the product, far more than any one film or book which is protected by copyright, or the logo which is protected by trademark.

The more recognizable the design – especially when they have been licensed for other media (toys, halloween costumes, films) – the more their legal protections are recognized. The simple fact that Disney has defended their IP with lawsuits, reinforces their case for IP. Marvel even provides contact information for licensing on their website.

These are current franchises, and their exclusive and valuable corporate licensing contracts are common knowledge. If the average 10yo knows Ironman is part of the Marvel Universe, I guarantee a judge will not have any problem deciding.

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