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 Using Zorro

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argosail

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Join date : 2010-05-02
Location : California

PostSubject: Using Zorro   Mon Jul 19, 2010 5:30 am

Just thought this was a relevant example of how you can use a character that is trademarked, but not copyrighted. This strip appeared in paper's across the US on July 18, 2010, and bares no marking suggesting permission from an outside source. Of course, this strip could be considered "parody" to some extent, but you wouldn't likely see someone trying this with Batman. Here, trademark is not an issue, because Broom Hilda is on the "inside" of the paper. If she were page 1, like Peanuts, there might have been an issue, with the prominent use of the name.

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bchat



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Join date : 2010-05-15
Age : 46

PostSubject: Re: Using Zorro   Mon Jul 19, 2010 10:43 am

I can't be 100% sure of this, but I think a comic strip's placement in the comic section is determined by each individual paper and not by the syndicates ... and I only think this because not all papers carry the same exact strips or configure them into the same sequence. Of course, if I'm running a paper and I pay more to carry "The Peanuts" than I do "Broom Hilda", then the Peanuts are getting displayed more prominently than "BH".

Even if Broom Hilda were "Page One", the comic section is usually on the inside of any paper, and I don't believe there are any soliciations involved with the strips themselves, which would allow "BH" to dodge the Trademark issue.
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