3 ms·
The trademark on characters is related to selling goods, if the character is used as a way of identifying an authentic seller. So, if Disney is using mickey mo
by ncallaway 1y ago
The trademark on characters is related to selling goods, if the character is used as a way of identifying an authentic seller.
So, if Disney is using mickey mouse on t-shirts to identify it as a Disney manufactured t-shirt, you wouldn't be allowed to use mickey mouse on t-shirts in a similar fashion in a way that might cause consumer confusion about who manufactured the t-shirt.
If Wolverine was in the public domain, then they couldn't use a Wolverine trademark to stop you from selling a Wolverine comic book. However, if they used a _specific_ Wolverine mark to identify it as a Disney Wolverine book, then you'd be restricted from using that.
Basically, trademark exists to prevent consumer confusion about who is the creator that is selling a good.
- jfim 1y agoI see, so in that hypothetical world, one could make a spider guy comic book that looks suspiciously like another, but not label it "The Amazing Spiderman (r)"? Sounds like it would be a boon for things like fan art and fan fiction.