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In India, recourse can be had to trademark law which recognises that fictional characters enjoy goodwill, and provides relief for cases of ‘character merchandising’. ’. Character merchandising has been defined as involving the exploitation of fictional characters by licensing these fictional characters in the case of Star India Private Limited vs Leo Burnett (India) Private L
Under this definition, it is possible for the names and likenesses of television, film and book characters, fictional accounts, settings, or other elements of entertainment products to act as trademarks. Unlike copyright, however, trademark rights are not automatic. To establish a right in trademark, the rights-seeker must establish that his ...
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A statement by you, made under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and; An electronic or physical signature (which may be a scanned copy) of the copyright owner. A complaint can be submitted by: Sending a letter to our registered copyright agent.
The United States Court of Appeals, Ninth Circuit concluded that DC comics owns the copyright to the 'Batmobile' character as it appeared in 1966 television series and the 1989 motion pictures and that Towle had infringed this copyright by manufacturing replicas of the character. Thus by concluding so, the ninth circuit affirmed the decision of ...
In their complaint, Universal Studios alleged that Nintendo's video game Donkey Kong was a trademark infringement of King Kong, the plot and characters of which Universal claimed as their own. Nintendo argued that Universal had themselves proven that King Kong ' s plot and characters were in the public domain in Universal City Studios, Inc. v ...
Fawcett Publications, 191 F.2d 594 (2d Cir. 1951). was a decision by the United States Court of Appeals for the Second Circuit in a twelve-year legal battle between National Comics (also known as Detective Comics and DC Comics) and the Fawcett Comics division of Fawcett Publications, concerning Fawcett's Captain Marvel character being an ...
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