Using "Vigilante" for superhero in novel, trademark concerns?

Question

I'm considering using the name "Vigilante" for a superhero character in my romance novel. The character has super strength, speed, and healing abilities but doesn't resemble the DC Comics character. I am based in England and plan to publish the novel internationally, including in the U.S. I have no intention to trademark the name. Is there any potential issue with copyright or trademark infringement with DC Comics?

James L. Arrasmith · Answer

Using "Vigilante" for your superhero character might pose some trademark challenges, though the risk may be lower than using a more distinctive superhero name. The term "vigilante" is a common word describing someone who enforces justice outside the legal system, which typically makes it harder to claim exclusive trademark rights. Your character having different powers than DC's Vigilante works in your favor. 
 
However, superhero names tend to receive stronger trademark protection in the entertainment industry. DC Comics could potentially argue that readers might confuse your character with theirs or believe there's an association between your work and their brand. The risk increases if you're publishing in the US market where DC holds trademark rights. 
 
You might consider adding a modifier to make the name more distinctive (like "The London Vigilante") or developing an alternative name that captures the same essence. If you're committed to using "Vigilante," consulting with an intellectual property attorney familiar with both UK and US trademark law would give you personalized guidance based on your specific situation. While many authors use generic terms like this successfully, understanding the potential risks beforehand allows you to make an informed decision about your creative work.

Q: Using "Vigilante" for superhero in novel, trademark concerns?