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Trade mark Miss Masque

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topic icon Author Topic: Trade mark Miss Masque  (Read 990 times)

tonydax

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Trade mark Miss Masque
« on: August 29, 2019, 05:27:01 AM »

Hello,
I have just received a request from AC Comics to withdraw the sale of Miss Masque.... Telling me they protected the Miss Masque Brand?

Best,
- Tony
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narfstar

  • Administrator
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Re: Trade mark Miss Masque
« Reply #1 on: August 30, 2019, 05:34:12 PM »

A quick trademark showed nothing. If they added any new elements it would belong to them but otherwise "should" not. Ask them what they base their request on.
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The Australian Panther

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Re: Trade mark Miss Masque
« Reply #2 on: August 31, 2019, 04:02:27 AM »

Standard/Better/Nedor characters are supposed to be in the public domain as the  publisher Ned Pines never copyrighted them. Which  is why there are several versions of the same characters in existence simultaneously. Usually with the same name. Alan Moore's 'Americas Finest' [in the Terra Obscura series] and Dynamite comics all use these characters. And there are other lesser known groups out there that also use them.
https://en.wikipedia.org/wiki/Standard_Comics

I'd ask AC for legal confirmation of their claim. If you are prepared to fight them.
Your choice.     
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SuperScrounge

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Re: Trade mark Miss Masque
« Reply #3 on: August 31, 2019, 06:59:18 AM »

Trademark and copyright, Panther, are different things. A trademark is basically a mark for trade, aka a brand or logo used on a product.

Apparently there are two forms of trademark differentiated by whether they use a TM or an R in a circle. A TM one is an unregistered trademark while the R in a circle is a registered trademark and carries more weight in a court of law, or so I've heard. (Not a lawyer, just a guy who reads.)

Oddly enough, looking at the AC Comics website didn't show any comics called Miss Masque or even a cover using a Miss Masque logo, although the GCD does show they had a Miss Masque comic in 2011 and there is a TM next to the logo https://www.comics.org/issue/1147235/cover/4/
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tonydax

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Re: Trade mark Miss Masque
« Reply #4 on: September 13, 2019, 11:24:53 AM »

Hello,
Yes, I was mistaken. He asked me to remove the Miss Mask logo and not Miss Mask...
So to avoid having problems with Accomics I changed the name ( Scarlet Mask".
Thank you for your letters.

Best
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Ed Love

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Re: Trade mark Miss Masque
« Reply #5 on: September 26, 2019, 07:28:24 PM »

According to one IP Lawyer and scholar, trademarks on public domain works are not as strong as people might think. It must not only refer to the product, but carry a secondary association to the trademark holder. Disney doesn't have to worry too much about Mickey Mouse, the Cinderella castle or even their version of Tinkerbell due to the fact that the average person automatically associates those with Disney. So, even when those fall into the public domain, they still have strong copyright protection. Superman, Archie Andrews are other such strong trademarks (in fact the earliest stories of Archie are public domain now). However, most public domain works don't have that secondary association, such as MLJ/Archie's Steel Sterling. So, I think any trademarks regarding Miss Masque would probably have to be to specific product in order to not have similarly named products on the shelf at the same time (such as competing comics from different companies), but not a trademark on her in general. A caveat though, according to him, he could only find one case that directly addressed the issue, so it's not something with a lot of decided rulings behind it. http://copyright.nova.edu/mickey-public-domain/

I will also point out just in general, not all of Nedor is public domain. Many of the first couple of issues of various issues of their comics and some of their pulp line was registered and renewed. However, they do seem to fall under "orphan works" because the characters are widely used by various companies and the comics reprinted without a hint of problems. It is possible that over time with the various break ups and sales of the company and its various publishing properties, the rights to the comic characters were lost along the way.
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