Queens, NY asked in Copyright, Intellectual Property and Trademark for New York

Q: In a YouTube video, can my nickname be Captain America or would it be copyrighted

Creating a YouTube channel in tourism for Latin Americans visiting USA. Would like to use the nickname Captain America

1 Lawyer Answer
Daniel Michael Luisi
Daniel Michael Luisi
  • Trademarks Lawyer
  • Licensed in New York

A: You will have to research whether the current owner of the Captain America trademark owns the rights in similar service or product classes to your proposed use to promote tourism. Whether you will be sued for infringement will then depend on whether your uses interfere with the rights owner in these or related product classes, such that the average consumer would likely be confused as to whether the original Captain America trademark owner was providing your company’s services. Also, any similarities between your company’s graphics to the copyrighted illustrations of the original “Captain America” can leave you liable for infringement by unauthorized reproduction of copyrighted materials, if those works have not already entered the public domain.

In short, you need legal research of your proposed use by an experience U.S. IP attorney to avoid potentially substantial liability for infringement. An IP attorney can also advise you on how to best take advantage of certain doctrines such as “fair use” by altering your designs, or varying your proposed brand, to exempt you from liability.

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