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The Pocket Lawyer for Comic Book Creators by Thomas A. Crowell Esq.

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APPENDIX C

A Comic Creator’s Guide to Trademark Law

TRADEMARK LAW

image

“Look up in the air: It’s a bird! It’s a plane! It’s . . . a trademark!”

When most people think of a trademark, they think of logos for products, like the distinctive “3d” look of Superman’s name1 (Superman® comic books,2 Superman® brand candy3) or services (Superman Ride of Steel®4). This is fairly accurate, since trademarks and service marks are used: (1) to identify and distinguish a trademark owner’s goods and services from those sold by others; and (2) to identify for consumers the source of those goods and services.

Furthermore, the image of a cartoon comic book characters ...

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