Protecting Fictional Characters: Copyright and Trademark Strategies

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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