Blade & Scorpia

[christop]

Good observation I did'nt know about Marvel's Scorpia but everyone I'm sure knows Blade, one of Marvel's most well known characters.Thanks to Wesley Snipes the character's popularity has increased .

How about Scorpina and Lt. Blade ?

[Captain Atkin]

Good observation I did'nt know about Marvel's Scorpia but everyone I'm sure knows Blade, one of Marvel's most well known characters.Thanks to Wesley Snipes the character's popularity has increased .

How about Scorpina and Lt. Blade ?

I just don't like the idea of changing Scorpia's name. If they could call her "Force Captain Scorpia", I think that would be great. As for Blade - the character looks a bit like a pirate, so I don't think Lieutenant would work for him. I would say call him Captain Blade, or General Blade (as he was called in MOTU Star Comics). Both those titles would be fitting for a space pirate

[csc0709]

The name Scorpia is TM by Marvel. Mattel will likely have to use a different name.

Blade, well the Marvel character is far more recognizable than the MOTU character, so that's a given to change names.

Blador
Scorpioness

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Yes.

http://bidwicket.com/Item/C/Collecti...ine_Colls.JPEG

The trademark that Marvel holds on that name could be potentially in jeopardy. The Filmation name/character is also copyright since 1985. If the Marvel figure was created after that date, then Mattel/Classic Media has grounds to challenge their trademark because the Filmation copyright would have existed first. Furthermore, Mattel cannot proceed to release Scorpia under another name since that would violate the original copyright on the character. Trademarks and copyrights are two different things, but they do at times work together, which can be very tricky/sticky. In short, trademarks and copyrights may not violate each other. The original copyright on the character may also protect Mattel/Classic Media and give them a legal path to releasing Scorpia with the "Scorpia" name, regardless of Marvel's trademark, though I'm not sure.

1. The purpose of a copyright is to protect works of authorship as fixed in a tangible form of expression. Thus, copyright covers: a) works of art (2 or 3 dimensional), b) photos, pictures, graphic designs, drawings and other forms of images; c) songs, music and sound recordings of all kinds; d) books, manuscripts, publications and other written works; and e) plays, movies, shows, and other performance arts.

2. The purpose of a trademark is to protect words, phrases and logos used in federally regulated commerce to identify the source of goods and/or services.

According to the above legal definitions of copyrights vs trademarks, Mattel would have the right to release Scorpia with the name Scorpia becasue it will be protected by the copyright law as the name would be used in connection with the copyrighted likeness of that concept/figure. Though, not sure, but they may not be able to trademark the name. The law would most likely interpret, "other forms of images" and "tangible form of expression" and "works of art (2 or 3D) as the very definition of a sculpted action figure likeness of the Scorpia character from the copyrighted work. Thus, Mattel would be free and clear to create that figure and use the Scorpia name, though they would not be able to trademark the name.

[Lewd_Squirrel]

The trademark that Marvel holds on that name could be potentially in jeopardy. The Filmation name/character is also copyright since 1985. If the Marvel figure was created after that date, then Mattel has grounds to challenge their trademark because the Filmation copyright existed first. Furthermore, Mattel cannot proceed to release Scorpia under another name since that would violate the original copyright on the character. Trademarks and copyrights are two different things but they do at times work together and which can be tricky.

Marvel's Scorpia came out about 10 years after She-Ra's Scorpia.

[Replikor]

WHAT??? Seriously?! ... I pray this does not risk there chances of being made into Classics figure form!

[CanadaClassics]

WHAT??? Seriously?! ... I pray this does not risk there chances of being made into Classics figure form!

...they will get her out even if they had to resort to calling her MINDY to get her out....I think I would actually buy a second to keep MOC if they did that....

[King Kahn]

It all depends on what uses Marvel copyrighted the name for. If they didn't copyright/trademark the name for use as a toy then there is no problem. Marvel can own the rights to name a character in a comic, movie, cartoon but if they didn't intend to use it for a toy then it doesn't matter.

[Swanmarsh]

If push came to shove, couldn't Mattel just give these characters new 'real' names and use those on the front of box, and refer to character name of Blade and Scorpia in the bio?

[csc0709]

If push came to shove, couldn't Mattel just give these characters new 'real' names and use those on the front of box, and refer to character name of Blade and Scorpia in the bio?

No because that violates the original copyright issued by Filmation on these characters. These character's likenesses are protected in any forms of 2D or 3D art (which is what a figure is) by that copyright. However, they can release them with their respective names and not trademark those names, much like what they did with Shadow Weaver and Adora. Every figure Mattel releases doesn't necessarily have to be trademarked to be released, that is a faulty assumption.