The batman and the joker

W

wwsteel7

New Member
Jurisdiction
US Federal Law
What if someone made an animated 3D movie, whose 2 main characters are sometimes referred to as the batman (due to beating people with a baseball bat- never any logo/insignia to represent the wings of a bat), and the joker, (practical joker always laughing at own jokes).
No makeup.

They both have actual names and are usually referred to by their names, but especially at beginning where Al Capone-type bad guy beats another to death, earning him the nickname the batman.

And the joker has a twisted sense of humor, and they both are pitted against each other in the local business world.

No legal problems??
 
There are two issues here with DC Comics's trademarks on those characters. First, is whether there is any likelihood of confusion of the mark in commerce. That is probably arguable. The next problem is that Batman is quite possibly considered a "famous mark" and that the use involved could indeed be considered to be diluting that famous mark.
 
Maybe its important the lineal order in which the reference is made.

Perhaps scene 1 shows bad guy being handed bat, scene 2 shows bad guy beating someone in office with bat, scene 3 shows good guy at home with friends, talking about the stories they heard of the bad guy using a bat to settle problems,
scene 4 is 24hrs later and good guy confesses to driving to see the bad guy, and laughs about it to friends...only then is the bad guy ever referred to as the batman when a friend asks good guy, "what kind of joker drives to see the batman?"

That is the only time in movie bad guy is referred to as the batman., and the good guy the joker.
 
I'm no longer surprised when I see this kind of post from someone without a creative bone in his body.

Maybe you're not serious about doing it and maybe you're just a troll looking to start a debate, which is how these posts always seem to turn out.

But if you did do it, and published it, you risk getting sued into the poorhouse. Sure, you might not lose, but you'd spend tens of thousands of dollars getting out from under it.

Use some common sense and don't refer to batman and joker, and certainly don't create a third character who finishes the job by robin (robbing) the victim. :p

See, I do have a sense of humor, if we're just talking here.
 

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