How to avoid trademark infringement when making a derivative work based off public domain content?

Question

I am aware that the Felix the Cat theatrical shorts are in public domain, but the character is trademarked by Dreamworks. Because of this, what should I do to avoid trademark infringement if I want to create a derivative work based off the original shorts?

James L. Arrasmith · Answer

When creating derivative works based on Felix the Cat's public domain shorts, you'll need to be very careful to differentiate your creation from the trademarked properties owned by DreamWorks. Focus on using only elements directly from the pre-1923 shorts, and make clear visual and narrative distinctions from the modern trademarked version. 
 
Consider creating a clear disclaimer stating that your work is based on the public domain material and is not affiliated with or endorsed by DreamWorks. You might also want to develop unique stylistic elements that set your interpretation apart from both the original and modern versions, such as different character designs, settings, or storytelling approaches. 
 
To further protect yourself, document which specific public domain sources you're drawing from and maintain records of how your creative decisions differ from the trademarked elements. If you're unsure about specific elements, consulting with an intellectual property attorney would be wise, as they can help you navigate the complex intersection between copyright and trademark law in your creative work.

Q: How to avoid trademark infringement when making a derivative work based off public domain content?