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Topic: Cartoon character (Read 5496 times) |
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Bob777
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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
Moderator
Senior Member
Posts: 2251
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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
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
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Bob777
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Thank you
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Deshmukh
Guest
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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
Senior Member
Posts: 3472
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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? |
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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.
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| « Last Edit: Dec 22nd, 2006, 5:57am by Isaac » |
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Isaac
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