Being married to a pilot, I am well used to TV and films playing fast and loose with aviation reality. I’ve lost count of the number of times I’ve had to listen to my husband loudly complain along the lines of “that Boeing has suddenly turned into an Airbus..!” Personally I’m happy to let that slide for the sake of a rollicking good movie but I got my own back the other day…
I was watching the latest Marvel offering, Thunderbolts* (*..?!), and was mightily irritated by one of the characters complaining that somebody else had “copyrighted the name”….
Gah…!! I will freely admit that a correct understanding of intellectual property rights may not be the sexiest thing in the world, but for a business which relies so heavily on it’s “IP” you’d think Marvel could at least run the script past Legal to make sure they aren’t talking complete IP b******s!
So… On the very small chance that the Marvel scriptwriting department picks this up….
You CANNOT apply for copyright for a name – superhero or otherwise.
Firstly, you don’t have to apply for copyright – if you have created an original artistic or literary work, the copyright automatically belongs to you.
Secondly, names, titles and short phrases are considered too brief and functional to be considered original works.
You CAN trade mark a name as long as it meets the requirements for registration and nobody else has done it already for the goods or services you are looking to cover.
If you are superhero (or in charge of some) you had better get your trade marks registered and get your IP portfolio sorted before somebody else does and starts pumping out those action figures.
A registered trade mark gives much stronger protection than copyright.
Let me introduce Captain Register and his sidekick, The Copyright Kid.
Captain Register
- Symbol: ® (Registered Trademark)
- Powers: Brand protection, legal force fields, and identity enforcement.
- Catchphrase: “You’ve been officially registered!”
The Copyright Kid
- Symbol: © (Copyright)
- Powers: Idea shielding, plagiarism detection, and creative duplication control.
- Catchphrase: “Originality is my superpower!”
Next time, see them battle their arch nemesis, The Infringer™…. Mooohahahah!
PS…. I can’t claim copyright on these images because they are created by the Copilot AI not me!! KaPOW!!
Ready to protect your brand like a superhero?
Don’t let misinformation or missed opportunities weaken your business. Make sure your names, logos, and creative assets are properly protected. Whether you’re launching a new venture or managing an established brand, understanding your IP rights is your first line of defense.
👉 Contact us to learn how to build a strong IP portfolio that works as hard as you do.
