Superhero Names and Copyright Trademarks

Sometimes you got to go with your gut. But as I was forum reading. A guy had a name, and had to change it cause DC Comics had a 3rd string character. Nothing alike yet the same name. So the first guy changed it.

The whole copy and trademark issue is crazy, and I think to a large degree unfair.

Cause how can a company like Marvel have a generic name like: Destroyer. For more then 1 character. And DC or others can share a generic name. Yet some independent guy uses a generic name and he gets a lawsuit?

I can understand unique word names like Batman.

But to use a name for a word in a dictionary, and then someone tries to sue you if you don’t change it. That makes no sense to me. It should be up for grabs.

That’s why combined names are probably safer. Such as instead of Orb. You say Black Orb.

And I know Marvel had a character called Solarr. With 2 r’s. And Dell owns Solar the character. But it seems the independent guy can’t get away with adding an extra letter usually cause it’s too similar. But I don’t know.

The really bad thing is having a great name you feel for, and knowing one day you got to alter it or add a word, as above said because of legal reasons. I got a bunch of solo word heroes. :-)

Anyway I think that’s why the names of the old gods of myth, and zodiac symbols are safe.

For example if you call a character: Gemini, or Thor, Hercules and others. It’s safe. They can’t sue. How could they?

That’s why Leifeld had his own guy named Thor in his books.

The only thing is the visual, powers, history must not be based on established hero of that name. You got to go with your own idea of it, and whatever the legend of the character is. Stick with that and any creator should be safe.

I know Liefeld Thor had red hair, and Marvel had another Thor with red hair. But if for example you made a Thor with red hair. How could anyone sue? You can point to the PROOF of old texts that describe Thor with red hair.

They can’t argue with that. And if they did, they would lose. But then again, just make sure the haircut doesn’t look the same as the others.

But that’s just an example.









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