However, as I said, there are currently court cases challenging that status quo. AT&T/DC Comics can use the term 'Captain Marvel' in reference to their character, but only inside the comics-they can't use the term on the cover as their title, because Disney/Marvel owns the Trademark on the phrase 'Captain Marvel'. That situation currently exists today with the character/title of 'Captain Marvel'. However, the name 'Nancy Drew' could be used in the story itself. come 2025 we'll have access to Nancy, but only Nancy as she was written in 1930 (sorry, no Ned).Īlso, with the use of Trademark, one could conceivably see a situation where the Trademark holder could forbid someone from using the name 'Nancy Drew' in one's marketing of one's story, or for that matter, preventing it from appearing in the title. The use of Trademark law in order to contravene Copyright law is legally murky at best (the waters of which are currently being 'toed' in the courts).Īs it stands, as you say, Nancy Drew (as a character) will fall into public domain, but only those aspects of the character that were created during the period of time that said public domain stories were written.
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