By: Tifanie
Jodeh Acosta
Aubrey Gibson
Trademarks have become the backbone of our modern economic world without consumers even realizing it. Trademarks such as Disney’s Mickey Mouse, Epic Games’ “Fortnite”, Rovio Entertainment’s “Angry Birds” have given companies the ability to build massive empires and rake in billions of profit each year from their die-hard fans. So, what is a trademark exactly? A "trademark" offers federal protection of logos and brand names from copying and unauthorized use. This includes all words or phrases that make up a name and of logo. Trademark protection aims to ensure that consumers are never confused, while in the marketplace, on which company relates to their products.
In the world
of webcomics stories are told mainly through images and word
bubbles. In order to ensure that there is clarity and engagement in
the comic, it is best to use simpler and easier to recognize images. It is in
these easy to recognize images that creators often struggle to comply with
trademark law. If a webcomic creator, of any kind, were to include a
trademarked image into their comic, the trademark holder has the power to take
legal action. This legal action can come in many forms and will almost always
get very expensive in some facet.
How does a
court decide if you have infringed on a trademark with an unauthorized
use? A simple way is that a court will apply the
“likelihood of confusion” test in a trademark infringement suit.
What does
this mean for webcomic creators? This means that webcomic creators must be very
careful to create completely original works of animation and story and avoid
using another company’s logos and characters within the creator’s work. This includes
even altered version of already establish brands. In a 2010 suit between Luis
Vuitton and Hyundai Motors, Luis Vuitton sued Hyundai claiming the skin of a
basketball in Hyundai’s commercial resembled their logo. The court ruled in
Luis Vuitton's favor based on the fact that 62% of people surveyed believed it
was a Luis Vuitton logo and that Luis Vuitton had sponsored or approved the ad.
For a
webcomic creator, where story telling through pictures and minimal dialogue is
the norm, using imagery that the audience is familiar with can be tempting.
This is where the act of avoiding trademark violations can become a hurdle. So,
it is recommended that, creating wholly original content is the best plan of
action.
Creating wholly original work allows the webcomic creators to hold their own intellectual property rights. This creates an opportunity to use it as many others have when building a brand in ways like Disney created a character as famous as Mickey Mouse. In the world of webcomics, there are options to view your work online, through various platforms. Content sharing between you and your fan-base via social media is now rapid-fire easy. With mass exchange of information, trademarks have become more vital than ever before. With a completely original trademark in a creator's pocket, their fans will be able to quickly identify and engage with their original content.
COPYRIGHT & DISCLAIMER
Tifanie Jodeh Acosta is Partner at Entertainment Law Partners dedicated to corporate, business and entertainment affairs. You may contact her at asst@entlawpartners.com.
Tifanie Jodeh Acosta grants column recipients permission to copy and distribute this column and distribute it free of charge, provided that copies are distributed for educational and non-profit use, no changes or revisions are made, all copies clearly attribute the article to its author and include its copyright notice.
DISCLAIMER: Readers should consult with a lawyer before solely relying on any
information contained herein.
