Q: Can I use trademarks names from superheroes in my story? Are some trending phrases/saying under copyright?
I saw games and Mangas use the code name "Red hood" and device a totally different character from DC red hood. Could I do the same if I want to use "just" the names of character like Doomsday, Nighthawk,Hawkeye, or winter soldier. And not their features and characteristics.
In tiktok there was a saying "it's ok not to be ok" it is even attribute to someone but is it protected after going that far mainstream? Is the C-walk also protected?
A:
Using trademarked superhero names in your own story can be legally risky, especially if those names are well-known and closely associated with specific characters from major comic book publishers like DC or Marvel. Trademarks are designed to protect brand identity and prevent consumer confusion. If you use names like "Doomsday," "Nighthawk," "Hawkeye," or "Winter Soldier," even if you change their features and characteristics, you might still infringe upon these trademarks if your use creates a likelihood of confusion or suggests an association with the original characters.
Regarding phrases like "it's ok not to be ok," the copyright protection for phrases is complex. Generally, short phrases, especially those that have become common or mainstream, are not eligible for copyright protection. However, there can be exceptions, and sometimes phrases can be trademarked in specific contexts.
As for dance moves like the C-walk, they typically are not protected by copyright, as copyright law does not extend to dance steps and simple routines. However, choreographed routines can sometimes be protected.
If you're planning to use trademarked names or potentially copyrighted phrases in your work, it's wise to consult with a legal professional who has expertise in intellectual property law. They can provide specific guidance tailored to your situation to help avoid legal issues.
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