Oh, and I just found one that might even be better example -- author thread questioning how/if can use trademarked game character name in homage on a character of exact same fantasy character model details (most answers along the lines of "not now you've publicly asked indicating you think lawsuit would have merit" to get permission, to asking if common name that couldn't be considered copyright/trademark,...):
Then here comes author Cynthia who advises "No, you do not have to worry about using the name. Use it. Finish it. If it becomes an issue when you send out, change it. "
And not really on topic for this post but that thread ... sheesh! If you question the legality or the ethics, they are questionable.
(If thread creator hadn't also been creating exact same character as the game created ...; many,,many, many other things can be handled by including the registered trademark and crediting properly somewhere.
But same character using same name so fans will get the homage? ... that's way more fan fiction territory than publishing a book.)
Not that big a deal but "Cynthia" continues posting to say the law is that it's okay so long as you don't have good sales but creator can sue if you have good sales.
Yeah. Admit to publishing a draft. An unedited draft at that. Yes, I agree there are a helluva lot of people out there scamming authors over all kinds of things including editing services (or just deluding themselves they are qualified to). Yes, it's an expensive cost of doing business. No, that doesn't mean she is justified in skipping any form of editing and then scam readers into thinking they were buying the published book.
Then here comes author Cynthia who advises "No, you do not have to worry about using the name. Use it. Finish it. If it becomes an issue when you send out, change it. "
(If thread creator hadn't also been creating exact same character as the game created ...; many,,many, many other things can be handled by including the registered trademark and crediting properly somewhere.
But same character using same name so fans will get the homage? ... that's way more fan fiction territory than publishing a book.)
Law student? Native of a country with that law?