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   Author  Topic: Cartoon character  (Read 5495 times)
Bob777
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Cartoon character
« on: Oct 18th, 2006, 11:26pm »
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Hi
 
If a have created some cartoon charcter and publish it on the internet, can someone copy it and develop into a toy or using it as their company trademark?
 
Also, I understand that Disney always trademark their cartoon characters, can someone explain  to me what is the benefit of doing so? Thank you
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JSonnabend
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Re: Cartoon character
« Reply #1 on: Oct 19th, 2006, 7:31am »
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Assuming the character is you creation, you have a copyright in it.  Your rights include the right to prohibit others from copying your character, using it as their logo, etc.
 
Regarding "trademarking" a character, there's technically no such thing.  A character may be used as a trademark -- that is, to identify a provider of goods or services -- in which case the trademark may be registered.  There is no way to "trademark" a character, however, by filing paperwork or the like.
 
- Jeff
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SonnabendLaw
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Bob777
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Re: Cartoon character
« Reply #2 on: Oct 19th, 2006, 5:55pm »
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Thank you
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Deshmukh
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Re: Cartoon character
« Reply #3 on: Dec 22nd, 2006, 12:57am »
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Apologies for bumping an old thread but this is subject to further discussion, as I feel it may have an erroneous conclusion.
 
 
Dear Jeff,
 
Hasn't the "Superman" character been trademarked? I am sure I cannot just use him in a comic of my own without incurring the legal wrath of the owner?
 
Here is a qoute from a resource about this ( cannot post links due to spam guard)
 
<quote>
Gaines uses the example of Superman comic book, movie, and television serials to show that the serial form can preserve the character as property by making the character into a trademark rather than a merely copyrightable fiction. The reproduction of Superman's image on various tie-in products further consolidates the character's protection as property under U.S. trademark law.
</quote>
 
P.S. Google "copyrighting cartoon" and click on result titled Business for complete article.
 
Thx,
D.
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Isaac
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Re: Cartoon character
« Reply #4 on: Dec 22nd, 2006, 5:57am »
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on Dec 22nd, 2006, 12:57am, Deshmukh wrote:
Hasn't the "Superman" character been trademarked? I am sure I cannot just use him in a comic of my own without incurring the legal wrath of the owner?

 
Jeff's point is that "trademark" is a noun and not a verb.  You cannot trademark anything.  Instead, when you use a distinctive mark in commerce to identify goods and services as coming form a single source, the mark *is* a trademark.  
 
Often people confuse registration of a trademark with trademarking.    
« Last Edit: Dec 22nd, 2006, 5:57am by Isaac » IP Logged

Isaac
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