Have you ever wondered what rights surround your favorite characters in comics and movies? In 1939, the iconic fictional character, Batman made his first debut in Detective Comics no. 27 (Detective Comics later became DC Comics). This means next year we’ll be just ten short years away from the passing of the original Batman comic into the public domain! 

Since his introduction, Batman has evolved into a fictional character continuously portrayed in comics and movies. So, what are the rights that surround this iconic character?  

Batman as a fictional character, and the comics he appears in, are protected under Copyright law. The copyrights for Batman will remain owned by DC Comics (and the Finger estate as a partial stake owner) until 2034 when the copyrighted material from the no. 27 comic will be released into the public domain.   

In addition to the copyrights protecting Batman, DC Comics also hold various trademarks for the character. Under trademark law, when a mark merely identifies a character in a creative work, whether used in a series or in a single work, the mark is not registrable. In re Scholastic Inc., 223 USPQ 431, 431 (TTAB 1984). However, DC Comics was able to register trademarks for the image of Batman, standard word marks for Batman, and various stylized Batman marks because those marks were used with goods or services in U.S. commerce. The first Batman trademark application was filed on Nov. 15, 1939, and registered on Jun. 25, 1940, covering “Cartoons Published in a Series” (U.S. Trademark Registration No. 378,913). This registration was for a stylized mark including an image of Batman and the wording THE BAT MAN in a stylized font (see below).  

An application to register the standard word mark BATMAN was filed shortly after on Oct. 13, 1966 and registered on Oct. 22, 1968, covering “SCALE MODEL HOBBY KITS, STUFFED PLUSH TOYS, TOY RIDERS, BANKS, JIG SAW PUZZLES, FLYING TOYS, BOXED ACTIVITY SETS, FLEXIBLE PLASTIC FIGURE TOYS, ANIMATED ACTION PICTURE TOYS, UTILITY BELTS WITH ACCESSORIES, CHILDREN'S TABLEWARE SETTINGS, RIDING TOYS, TOY GUNS, BATTERY OPERATED CARS, DIE-CAST METAL CARS, EQUIPMENT OR APPARATUS SOLD AS A UNIT FOR PLAYING BOARD GAMES, RUBBER BALLS, BALLOONS, LAUNCHER GUNS, SCOOTERS, AND TOY PLAYING CARDS” (these goods are the updated goods following the renewal filed on Oct. 19, 2018) (U.S. Trademark Registration No. 858,860).  

In addition to other various word and stylized marks for the word BATMAN, DC Comics also registered the Batman image. For example, an application for an image of Batman holding a rope was filed on Jul. 20, 1976, and registered on Dec. 27, 1983, covering “Toy Doll Figures” (U.S. Trademark Registration No. 1,262,504).  

As Batman grew into more comics, television series, movies, games, and merchandise, some argue that Batman is generic. In fact, in 2019, a company in Italy tried to challenge the validity of a European Union Trademark Registration for the Batman logo, arguing that the logo was generic and lacked distinctive character. The case was decided in June 2023, where the European Union court found in favor of DC Comics, declaring that the Batman logo had acquired distinctiveness through DC Comic’s long-standing use of the mark.  

Although the original Batman comic may be entering the public domain in the near future, the broad portfolio of IP surrounding this iconic character will make it difficult, if not impossible, for third parties to take advantage.  

At Renner Otto, the oldest intellectual property firm in Cleveland, we specialize in assisting our clients as they develop efficient Intellectual Property strategies that are tailored to their business’s needs. Our attorneys are knowledgeable on a wide range of domestic and international IP issues, and we partner with Firms around the world to better serve our clients.  

Someone from the Renner Otto team would be happy to discuss this topic or any related Intellectual Property matters. 

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