1. Copyright:
* Automatic Protection: The moment you create your cartoon character, it automatically receives copyright protection under US law.
* Registration: While not mandatory, registering your copyright with the US Copyright Office provides additional benefits:
* Public record of your ownership: This helps deter infringement and proves your ownership in a legal dispute.
* Legal presumption of validity: Your copyright is presumed to be valid in court.
* Statutory damages: If you register your copyright before infringement, you can potentially receive higher damages.
* Protection Scope: Copyright protects your character's original expression, including its design, appearance, and story elements. It doesn't protect the underlying ideas or concepts themselves.
2. Trademark:
* Protection Scope: You can trademark a character's name, logo, or a specific design feature that distinguishes your character from others. This protects against others using your character's name, logo, or unique design element to promote their own products or services.
* Registration: Filing a trademark application with the US Patent and Trademark Office is required to obtain trademark protection.
* Types of Trademarks: You can register a character's name (word mark), logo (design mark), or both (combined mark).
3. Trade Dress:
* Protection Scope: This protects the overall "look and feel" of your character, including its distinctive features, colors, and overall design. This can be a strong protection if your character has a very unique aesthetic.
* Registration: Trade dress is not explicitly registered; you must demonstrate it in court through common law usage and distinctiveness.
4. Other Protections:
* Non-Disclosure Agreements (NDAs): If you're working with others on your character, NDAs can protect your character's confidential information.
* Copyright Infringement Lawsuits: If someone infringes on your character's copyright or trademark, you can file a lawsuit to protect your rights.
Important Considerations:
* Thorough Research: Before creating a character, research existing characters to avoid potential infringement claims.
* Consult with an Attorney: It's advisable to consult with a copyright and trademark attorney for personalized advice on protecting your character.
Example:
Let's say you create a cartoon character named "Fluffy the Cat" who wears a red hat and loves playing with yarn. You could:
* Copyright the entire character design, including its appearance and personality traits.
* Trademark the name "Fluffy the Cat" and the logo of Fluffy wearing his red hat.
* Protect the overall "look and feel" of Fluffy through trade dress.
By taking these steps, you can secure strong legal protections for your beloved cartoon character.