I saw
article and it got me thinking about fictional brands we see in
movies and TV.
Are they actually applicable trademarks?
Meaning are they registered and legally upheld or could
anyone market a product using a trademark from a movie?
is the wiki link to trademarks I didn't see anything that mentions this.
Answer
Very few (if any) fictional products are actually
registered trademarks, however they are creative works. This means
any use of similar packaging is subject to copyright infringement laws. There is a
possible case against a product using only the same name, if it's reasoned the name
could cause confusion.
The best example to understand this
situation would be Duff
Beer from The Simpsons. That wiki page lists several instances of beers named
Duff around the world. Some have had legal action sought against them by Fox (names only
as well as name and design), and some have escaped any legal action. Interestingly, a
man in Mexico has managed to register 'Duff' as a trademark in
Mexico.
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