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t800

Junior Member
What is the name of your state (only U.S. law)? Vermont

Problem:

Approximately 6 years ago I created a superhero character named Captain Vermont. I basically drew up some cells with a goofy story. Long story short my friends used to call me Captain America, I moved to Vermont, and they called me Captain Vermont. I created a superhero character based off that. Fast forward 3 years and I created a costume and would go to friends' parties dressed as the superhero.

I posted a couple of youtube videos with goofy stories about my crazy real life adventures, but I did them in character. Four months ago I received a message from someone else who said they had also had created a character with the same name as my superhero. The two did not look anything alike..but they shared a name. He basically said he was claiming the name, not the character, as his intellectual property... He stated I needed to stop using the name immediately.

I filed for a US copyright and it was granted for visual arts. Unbeknownst to me, he also applied for one two days before. He cited creation of the works as 2007, I cited 2004, which is accurate.

Any ideas? Should I contact a lawyer about this or does my copyright protect my use of the character, name, and likeness which is copyrighted?
 


The Occultist

Senior Member
My guess is that neither of you have any real protections over the name. For either of you, is this name being used in commerce (i.e. used to identify goods)? Also, out of curiosity, where does this other person reside?
 

t800

Junior Member
At this point... as far as I know the answer is no. I've made t-shirts that say "Captain VT Fan Club", but I haven't sold any yet.
 

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