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  1. #1
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    Default Dark Knights....OOOPS!

    Firstly,I,d like to say,I love some of these New 52 titles.
    But thanks to Batman,JL and JLA,I,m back to reading DC and comic books in general.

    So.....

    Will the news that Dynamite are bringing out a title called "Dark Knights" violate DC copyrights,in any way??

    I read Dynamite books and really like the titles I buy but I,m thinking this title might upset someone at DC towers.

    Anyone??


    RALPH (UK).

  2. #2
    Senior Member Dark-Flux's Avatar
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    Default

    No.

    Its "Dark Nights."

  3. #3
    Senior Member Shimarenda's Avatar
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    Default

    Is the term "Dark Knight" copyrighted or is it trademarked? Either way, a court will have to determine if this is a violation. As the law stands, DC pretty much must sue if only to maintain a record of defending its trademarks. If they don't sue, their lawyers have screwed up.
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  4. #4
    Junior Member sirjustin86's Avatar
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    Default

    Quote Originally Posted by Shimarenda View Post
    Is the term "Dark Knight" copyrighted or is it trademarked? Either way, a court will have to determine if this is a violation. As the law stands, DC pretty much must sue if only to maintain a record of defending its trademarks. If they don't sue, their lawyers have screwed up.
    Well, I don't know about US law, but in the UK it could be put down as 'passing off', whereby the average consumer might be confused into thinking the two are associated and buy the 'Dark Knights' thinking it's somehow related to DC comics, so it might infringe in that sense..?

    Trademark would more be for the DC comics logo though.

  5. #5
    Senior Member Shimarenda's Avatar
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    At least in the US, trademark can apply to any mark used to identify the product. Coca-Cola's old slogan "It's the real thing" was trademarked. Of course, trademark only applies within the same general industry, not universally like a copyright.

    There was a case here in the US not long ago where Zenimax Media (owned by entertainment lawyer Robert Altman, husband of Lynda Carter) sued Mojang. Mojang was developing a game called Scrolls. Zenimax owns Bethesda Softworks, makers of the Elder Scrolls series of games. Gamers took to the forums all over the internet to decry the lawsuit, of course, but under current US law, Zenimax had no choice but to swallow the bit of bad publicity and go ahead with the lawsuit. If they didn't, it could be argued in a future suit that Zenimax had not defended its trademark in court.

    The law doesn't use a very knowledgeable fanbase as its basis. We know that Dark Knights is unlikely to be the same as The Dark Knight, but the average person could be confused.

    In the end, Zenimax and Mojang came to a settlement. There could be, or may already be, one between DC and Dynamite already, but given the latter's habit of scooping up old public domain characters, I wouldn't put it past Dynamite to try to pull a fast one.
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  6. #6
    Elder Member MajorHoy's Avatar
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    Default

    It definitely seems like a sneaky move, but they do appear to go with "Nights" without the "K".



    and, for anybody interested, there's a discussion about the book itself here, and the article about the book here.



    Congress shall make no law . . . abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

  7. #7
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    Should be no problem.

    Looks like the title of the book is "Dark Nights".
    Curse my 53 year old eysight.

    I,ll take all 3 of those covers :)


    RALPH.

  8. #8
    Elder Member MajorHoy's Avatar
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    Quote Originally Posted by ralphtown View Post
    Should be no problem.

    Looks like the title of the book is "Dark Nights".
    Curse my 53 year old eysight.

    I,ll take all 3 of those covers :)


    RALPH.
    Hey, easy enough mistake to make.

    Besides, do you know how many times I've seen Dick Grayson's superhero identity spelled "Knightwing" around here?
    Congress shall make no law . . . abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

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