Protecting Fictional Characters: Copyright and Trademark Strategies
Update: 2025-10-24
Description
Can a car, a superhero, or even a cartoon sidekick be protected by copyright? In this episode of The Briefing, Scott Hervey and Matt Sugarman break down how fictional characters earn legal protection — and when they don’t.From DC Comics v. Towle (the “Batmobile” case) to Carroll Shelby Licensing v. Halicki (the “Eleanor” case), Scott and Matt explore the three-part test for character copyrightability, how trademark rights can extend protection, and what creators and studios can do to safeguard their most valuable IP assets.
🎧 You’ll learn:
● What makes a fictional character “especially distinctive” under copyright law
● Why consistency across stories matters for protection
● How trademark rights protect character names and merchandise
● The difference between creative expression and brand identity
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