Example: can a dictionary included in a word processor include pop culture terms, such as character names, so they are recognized as valid words (not triggering autocorrect or spellcheck) etc. Should the software's producer be worried about trademark infringement?
1 Answer
Should the software's producer be worried about trademark infringement?
If the software's producer is worried about trademark infringement, the producer probably doesn't understand what trademark protection protects. There are many related questions on the site.
If someone invents a novel word as a trademark, for example Exxon, the protection of that trademark means that you cannot confuse consumers by using the word Exxon. But telling a user of your software something like "it looks like you might have misspelled Exxon here" isn't misleading. You're not claiming to be selling an Exxon product or service.
(Similarly, single words are usually too short to enjoy copyright protection, but even if a given word were somehow protected, inclusion in a spell check dictionary might well be allowable "fair use" or "fair dealing" or similar.)
