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[Toonster1]

I have a cast of cartoon characters I'd like to launch via online web presence, greeting cards, children books, coffee mugs, t-shirts, and a few other categories. There is one main character, one minor character,  and 5 supporting toons.

Do I need to get all 7 characters trademarked in each of the several categories (textiles, toys, etc.)  or can I just use one trademark for the entire cartoon cast, and perhaps put the lead character's name into the company name, and as a logo draw all the 7 characters?  Or just do the main and supporting characters, and have a different trademark name/logl?

Forgive if this has been answered before - I am new to this forum but have spent a few hours searching the old ones -
Thanks
Linda from NJ

[M. Arthur Auslander]

Dear Linda,
There are two important matters involved with what you want. Effectiveness and cost.

Helter Skelter registering of trademarks and copyrights may not be be legally effective nor cost effective.
The law is there to be used but just because you can copyright Mickey Mouse and Register a trademark doesn't mean that rushing about and doing these acts are going to be cost effective and legally effective.

Admittedly you can use a lawyer, even that can be a trap. You must find a lawyer that you can trust and afford.

That is why the Reality Check® and ELAINE's Workshop® E arly L egal A dvice I s N ot E xpensive™
steers an effective and cost effective approach.

If you give me a call you can get a better idea as to what you must be aware of. There won't be any charge for the call. I registered the original L.L. Bean trademarks.

M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
ELAINE's Workshop®
E arly L egal A dvice I s N ot E xpensive™
Reality Check®

[JimIvey]

I would copyright each and every image you intend to put on the web, on a mug, on a book, etc.  Check with a good copyright attorney (I'm not one of those), but I believe putting the circle-C and/or "Copyright" with the copyright owner's name and year of publication is sufficient.  You or your company would be the copyright owner.  My understanding is that copyright is stronger for characters than is trademark.  

Registration of each copyright might be required for litigation, but I don't think you have to do that right away and I don't think it costs that much.

Keep in mind what they do.  Copyright protects against copying.  Trademark identifies a source of goods and services.  If I copy your cartoon characters but make it painfully clear that I'm not associated with you or your company and make confusion in the marketplace almost impossible, you'd have a hard time prevailing in a trademark claim.  However, copying is pretty clear in that scenario.

For trademark protection, give it a name.  Use the name consistently.  Maybe use one or more of the characters in your logo, but keep it consistent (or use very different logos -- but don't use close but different logos).  Use your logos prominently and consistently.  You're building a brand such that, in the future, you can introduce new characters to your brand and they will benefit from the notoriety of your brand.

I hope that helps.  Regards.

[ToonsterOne]

Thank you everyone for such great advice!  I have decided to do the following:

1. Copyright each toon character separately via Federal form PA and VA.
2. Copyright all toon characters collectively as one via Federal form PA and VA.
3. Put the copyright (c) with my name and year on all products I plan to sell via internet.
4. After interstate trading, apply for a trademark on each character per each of the categories I need (toys, books, mugs, etc).

I'll come back to this forum with my URL which displays all the characters when the website is completed for whomever else is interested in how to launch a cast of cartoon characters!

Happy Holidays,
Linda from NJ

[ToonsterOne]

http://cartoonexpress.com/copyright.shtml

Thought I'd share the info on this URL with you. It's rather interesting.

Take care,
Linda from NJ

[M. Arthur Auslander]

Dear Toonster One,

As knowlegeable as you sound, I fear for your welfare. I hope that you have an IP attorney to cover you. If you fail it won't matter but if what you do suceeds you must have all bases covered.

[JimIvey]

Just a couple of quick notes (and, beware of my usual caveat -- I do patent law; you should speak with a real TM/(C) attorney(s).

Why does the copyright on the bottom refer to the dates 1998-2000 and not 1998-2003?  Somewhere I saw a script to automatically include the current year -- to cover any new material published in the current year.  The same question applies to your initial statement which refers only to 1998.

That notice (the copyright on the bottom of the page) should appear on each and every page you publish.

I'd add a little "TM" to your CE graphical logo and refer to it in your trademark statement near the bottom.

I think that should give you a fairly good foundation for copyright and trademark protection.  Of course, if you really want to get it right, see an attorney who practices this type of law.

Regards.

[ToonsterOne]

Hi,

I should note that the URL I gave in a prev. posting is NOT my own, but was just merely sharing info on how that URL states copyright info. So I'm not sure why they only went up to 2000 and not 2003 (or 2004).

Thanks again for the info you have all provided to me. When my characters are 'out there' I will list my URL.

Happy Holidays,
Linda from NJ

[M. Arthur Auslander]

Dear Toonster1,

You play it close to the vest, it may look as if you are saving money.

Up front is the best way to make the bigest mistakes unless you get it right the first time the damage can kill you when you have something good going.

I had a client that started to do their own applications. They came back to me, before it was too late and then sold out for big bucks.