With the recent release of the Captain America feature film sequel ("Captain America: The Winter Soldier"), which according to media reports, has already made well over $400 Million Dollars in box office receipts, it is very likely that the ancillary revenue stream of Captain America merchandise is also going to bring in millions of more dollars.
This morning at Aahs gift shop on Wilshire in West Los Angeles we observed an entire aisle dedicated to Captain America merchandise (see photo above).
All these commercial efforts to exploit this comic book character and feature film star is supported by a very broad trademark registration effort. A cursory review of the USPTO's "TESS" database reveals there to be multiple U.S. trademark registrations and pending applications for CAPTAIN AMERICA for an assortment of goods and services. These include, but are not limited to, action figures, toys, games, bedding, towels, backpacks, glassware, cups, clothing, video games and, of course, comic books. There is, indeed, a comic book trademark registration dating back to 1968 for CAPTAIN AMERICA.
One recent registration in International Class #28 for CAPTAIN AMERICA owned by Marvel Characters, Inc., includes the following goods:
Balls for games; Balls for sports; Battery operated action toys; Bobble head dolls; Card games; Christmas tree ornaments; Collectable toy figures; Construction toys; Dice; Dominoes; Flying discs; Jigsaw puzzles; Jump ropes; Paddle ball games; Pet toys; Playsets for make-believe play battle or adventure activities; Plush toys; Radio controlled toy vehicles; Soft sculpture toys; Target games; Toy action figures and accessories therefor; Toy construction sets; Toy masks; Toy model hobbycraft kits; Toy vehicles; Toy weapons.
One service mark registration in Intl. Class #41 includes:
Entertainment services in the nature of live performance non-sports exhibitions of costumed characters for parties, conventions, and educational purposes and special events.
The strategy for protecting a comic book character/film franchise is not a secret. The play book, as it were, is tried and true. Our website features several articles which discuss trademark protection in connection with entertainment properties, including:
• Super Heroes Need Protection Too!
http://trademarkesq.com/pages/article2.php
• The Men In Black: From Comic Book To Feature Film
http://trademarkesq.com/pages/article4.php
• A Day In The Life Of BAYWATCH®
http://trademarkesq.com/pages/article3.php
Earlier this week while returning from lunch we captured this photo below of two people on a motorcycle with the young lady on the back wearing a Captain America motorcycle helmet emblazoned with his famous 5 pointed star shield design...
Respectfully submitted,
William E. Maguire
LAW OFFICES OF WILLIAM E. MAGUIRE
Santa Monica, California
www.TrademarkEsq.com
comment/note: CAPTAIN AMERICA® is a trademark of Marvel Characters, Inc. and is used here under fair use principles for the academic purpose of discussing trademark registration practices.
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