I kind of thought that anything up here on this site was fair game. Is that not the case?
Not so -- one should not think of "
anything up here on this site" as fair game. What if I decided to publish a new comic book using Quality's Plastic Man -- I might even go as far as titling the book
Plastic-Man. DC will sue me out of existence.
Okay, I might be a bit burnt around the edges, but I then decide to use a lesser known character; introducing
Black Condor!!! DC will sue me out of existence.
Growing smarter from my mistakes, I return to the market with
Captain Marvel!!! DC & Marvel sue me out of existence.
The rub is not in a public domain comic book -- and I am talking
public domain comic book, not
public domain comic book character -- the rub is in the public domain comic book that contains a comic book character on which
someone else maintains a trademark.
You could start a new
Duke of Darkness title, but you had better not start a new
Marvel Family title.
Take a look at how
AC Comics addresses such issues, or Erik Larsen's
Next Project. You will note that even Superpowers ::
spit:: has sought trademark protection for their own unique version of well known public domain characters. I can put out a book called "Red Old Nick"* and feature my own version of Lev Gleason's
Daredevil, and there would be little that could be done about it because the base character is in the public domain; my version would be different than Superpowers' :::
spit:: version, Erik Larsen's version, and AC Comics' version.
B.
*'Red Old Nick' is TM & (c) 2010 Boox909, All Rights Reserved.
'Bloody Old Nick' is TM & (c) 2010 Boox909, All Rights Reserved.
'Scarlet Old Nick' is TM & (c) 2010 Boox909, All Rights Reserved; also!
All mine!! ::buwahahha::