Trademark protection a fictional character, similar to a graphic character, cannot obtain trademark protection for its own protection, but may only be protected when the trademark indicates a particular source of goods and services however, unlike for graphic characters, courts have not fully embraced trademark protection for fictional characters.
Trademark protection for fictional characters hello again, and i hope everyone is enjoying the holidays my last post talked about how fictional characters may be protected under copyright law this time the focus will be on trademark law at this time, the cases have all dealt with images, rather than with a character that is only described in prose, but it is possible that protection could be extended to such a character under the right circumstances.
Trademark protection of a fictional character provides the owner with the exclusive right to use the character in connection with goods and services, as well as the right to prevent the unauthorized use of the character in connection with goods and services of infringing third parties.
Protection of fictional characters may also be derived from certain alternative sources in american law trademark law: trademark rights may be enjoyed in a fictional character and can be enforced as such. Thus, character protection under trademark law can exist concurrently with such protection under copyright law or can exist after the expiration of rights under that copyright law since trademark rights can go on virtually forever as long as the use qualifies, the mark is not “abandoned” or has not become “generic” and the appropriate filings are made.
Protection of fictional characters 1 chennai 3rd floor, ‘creative enclave’, 148-150, luz church road, mylapore, chennai - 600 004 tel: +91 - 44 - 2498 4821 bangalore suite 920, level 9, raheja towers, 26-27, m g road, bangalore - 560 001.
Examine the scope and extent of protection given to fictional characters under the copyright law. Fictional characters can, under us law, be protected separately from their underlying works this is based on the legal theory of derivative copyrights one must, however, prove that the characters are sufficiently unique and distinctive to merit this protection. Fictional characters can, under us law, be protected separately from their underlying works this is based on the legal theory of derivative copyrights one must, however, prove that the characters are sufficiently unique and distinctive to merit this protection.