Referencing, but not using, trademarked characters?

Asked by: Becky Gordon

Can you mention copyrighted characters in a book?

US Copyright Statute of 1976 does not explicitly mention fictional characters as subject matter of copyright, and their copyrightability is a product of common law.

Can you mention Batman in a book?

Bookmark this question. Show activity on this post. Obviously, you’re not allowed to use trademarked characters like Superman or Batman in your published works.

Are fictional characters names copyrighted?

IANAL disclaimer but generally character names themselves cannot be copyrighted. They may be trademarked but only if the literary work/movie/or a related product were named after the character. So, trademark would only come into play for secondary characters in widely merchandised works.

Can I use the word superhero in my book?

The phrase “Super Hero” is jointly trademarked by Marvel and DC Comics, so independent comic book creators are out of luck if they want to use the term.

Can you use trademarked characters?

Writers may only use copyright and/or trademark protected characters without permission under limited circumstances like when the use is considered fair or de minimis, or if the characters have entered the public domain.

What is fair use characters?

Fair use is a legal doctrine that permits limited use of works protected by copyright without requiring permission from the copyright holder.

How high is Batman’s IQ?

A trivia published in BuzzFeed states, “Batman’s stated IQ is an unbelievable 192, several notches above the famed theoretical physicist (Albert Einstein), who was estimated to have an IQ between 160 and 180.

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Is the name Superman trademarked?

Names cannot be copyrighted. Superman is certainly trademarked.

Is Batman a Sigma male?

One key difference between an alpha and a sigma is that where an alpha is likened to a king a sigma male is seen as the king maker. The same can be said of the Batman.

Can you get sued for using the word superhero?

Their trademark applies to all uses of the term “superhero” in books, comic books, magazines and other publications. The restrictions extend to movies, TV shows and video games. They even include costumes, stand-up figures, playing cards, t-shirts, shoes and school supplies.

Who owns the word zombie?


“Zombie” is copyrighted by Marvel, “Dungeon Master” is copyrighted by Dungeons & Dragons publisher TSR and “00” in front of any number is owned by the rights holders of Bond, James Bond. String words together and you might wind up with a trademarked catchphrase as well.

Is superhero still trademarked?

Trademark status

Registrations of “Super Hero” marks have been maintained by DC and Marvel since the 1960s, including U.S. Trademark Serial Nos. 72243225 and , the term “Super Heroes” was registered as a typography-independent “descriptive” US trademark co-owned by DC and Marvel.

Is the word Marvel trademarked?

This is what allows DC to refer to their character Captain Marvel as Captain Marvel within the comic, but they cannot use the name Captain Marvel in advertising or as the name of the comic, because Marvel holds a registered trademark of that name.

What is the difference between a trademark and a copyright?

Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.

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Has Marvel and DC copyrighted the word superhero?

For over fifty years, Marvel and DC Comics have co-owned the trademark for the word ‘SUPERHERO’ and have challenged any other firm or individual trying to partially trademark the term for their own purposes.

Is the word mutant copyrighted?

We can never use the word ‘mutant,’” said Executive producer Maurissa Tancharoen . Instead, Marvel has trademarked the words “registered gifted” to use to refer to characters who have special abilities.

Are superheroes copyrighted?

Marvel/DC do not have protection over general superhero tropes or themes, but they do have copyright protection over the features of the superheroes that make them unique from other characters/heroes.

Is it super hero or superhero?

4) SUPER HERO IS TWO WORDS; SUPER-VILLAIN IS TWO WORDS WITH A DASH. This all goes back to the joint trademark that Marvel and DC have on the terms super hero and super-villain—in their case, it’s super-hero and super villain.

Who was the first female superhero?


Fantomah was the first female superhero with superhuman powers to appear in print, in Jungle Comics #2 (Feb 1940). The first masked and costumed superheroine (and of “natural” birth), however, was the Woman in Red, created by Richard Hughes and George Mandel for Thrilling Comics #2 (Mar 1940).

Is superhero’s correct?

NounEdit. The plural form of superhero; more than one (kind of) superhero.

What is a superheroine?

Definition of superheroine

: a female fictional hero having extraordinary or superhuman powers : a female superhero Change may be around the corner, as Wonder Woman—arguably, the most recognized superheroine of the modern age—finally arrived on the big screen.—

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Is Batman a superhero or just a hero?

Batman is a superhero appearing in American comic books published by DC Comics. The character was created by artist Bob Kane and writer Bill Finger, and debuted in the 27th issue of the comic book Detective Comics on March 30, 1939.

How do you pronounce superheroine?

superheroine Pronunciation. su·per·her·oine.

Is superhero chess sponsored?

Essentially, Superhero uses a custodian model, rather than a CHESS-sponsored model. This is actually fairly common among brokers including Vanguard Personal Investor and IG, as well as by micro-investment apps such Raiz and Spaceship.

Do I own my shares on superhero?

The shares purchased within your Superhero account are yours and cannot be accessed by others, including claims from any creditors of Superhero.

Is IG trading CHESS sponsored?

IG Markets are registered with the Australian Securities Exchange using a custodian model sponsorship in Australia through Citibank finance. They are not CHESS (Clearing House Electronic Sub-register System) sponsored directly by the ASX and therefore hold the shares in your name through a custodian model.