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Topic: Superman Trademark Question (Read 3428 times) |
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ashofphenix
Newbie
Posts: 5
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Superman Trademark Question
« on: Mar 4th, 2005, 5:54am » |
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Hello,
I have a question regarding Superman and how he is protected with copyright and trademark laws. I am using Superman just as an example and because there is recent news about the hiers of the Superman creators contesting copyright ownership with DC Comics.
First, I think I understand how Superman is protected via copyright. The character is an original expression, so I feel I have a grip on it. In terms of the trademark part of his legal protection, what can a trademark cover? I am sure DC Comics owns the name, 'Superman.' But what else can trademark law protect with Superman? The "S" on his chest? The overall character's appearance?
Here is a really interesting article link:
http://www.cltmag.com/editorial/
Thanks!
MLF
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Isaac
Senior Member
Posts: 3472
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Re: Superman Trademark Question
« Reply #1 on: Mar 4th, 2005, 4:56pm » |
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The characters appearance and likeness, name, the 'S' shield
are all things that can be and likely are protectable by
trademarks. I would not expect DC to ever voluntarily let
the trademark lapse.
I find DC's stated position (in the linked article) concerning
the ownership of the copyright very curious. Based on what
I know of the facts, Superman was pitched by its creators who
were unquestionably free agents at the time. I'm having
difficulty coming up with a credible argument that the
law allowing copyright reversion does not apply to Superman.
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Isaac
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ashofphenix
Newbie
Posts: 5
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Re: Superman Trademark Question
« Reply #2 on: Mar 8th, 2005, 11:54am » |
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on Mar 4th, 2005, 4:56pm, Isaac Clark wrote:The characters appearance and likeness, name, the 'S' shield
are all things that can be and likely are protectable by
trademarks. I would not expect DC to ever voluntarily let
the trademark lapse.
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Exactly what I needed to know. I needed to know what elements of the character could be considered 'trademarkable.' Thank you!!
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