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I'm currently making a game, based on Pokémon.

I do not own the trademark, copyright, or anything legally related to Pokémon (just some rando on the net).

In my code, I use Pokemon to describe a specific idea; that a Pokemon is a unique member of a Species (Pokemon:Species as Human:Homo sapiens sapiens).

Examples:

  • PokemonService: Holds a universally-unique identifier for a Pokemon (ie. 87628491-1246-4bc1-90cd-8b358f7a4f1c)
  • PokemonStatService: Holds any "stat" value associated with a Pokemon (ie. {pokemon_id:87628491-1246-4bc1-90cd-8b358f7a4f1c,stat=Attack,value=10})
  • PokemonMoveService: Holds any "move" associated with a Pokemon (ie. {pokemon_id:87628491-1246-4bc1-90cd-8b358f7a4f1c,move=Tackle})

Would I be violating trademark, copyright, or something else if I have different constructs in my code that use the characters "Pokemon" to describe that construct?

  • To clarify: is this just in the source code, with no visibility to the user? – D M Sep 16 at 20:58
  • @DM really good question. I suppose the answer would be no, there would be references to "Pokemon" through different parts of the game (classification, "This is a fan-made Pokemon game", "I'm a Pokemon Professor", etc). Does the answer differ depending on that answer? – Zymus Sep 16 at 21:40
  • If nobody could see it because it was just in the code, then you likely wouldn't be using the trademark "in commerce", which is ordinarily required for infringement. – D M Sep 16 at 21:45
  • @DM This wouldn't be a game that I would be selling, a free (beer+freedom), GPLv3 game. – Zymus Sep 16 at 21:46
  • This may be relevant: law.stackexchange.com/questions/12056/… – D M Sep 16 at 21:47

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