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 ?
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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.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.
Last edited by csc0709; February 16, 2013 at 01:42pm.
WHAT??? Seriously?! ... I pray this does not risk there chances of being made into Classics figure form!
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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.
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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?
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