DC can Trademark their own character who used the name, for example, Black Terror but they will have to come up with their own version of the character, which is to say that they can use the name but they will have to attach it to a new character. I don't see that as being the same thing as acquiring the rights to a public domain character. Lord knows there have been several bogus Black Terrors already.
You are correct about the trade mark sir.
What my links were talking about was
maybe the characters aren't in PD after all:
"Some of the early issues of their anthology comics (including the Black Terror's origin story) were renewed as well as issue #2 of the Fighting Yank. It gets a bit byzantine after that as the company is sold, not for the comic line which they were no longer publishing but for their paperback business to Fawcett books. Which then went to CBS, Inc who renewed some of the 1950s material only to later divest itself of Fawcett and Popular to two different companies, Ballentine and Warner Bros, respectively.
While most of those business sales can be tracked online, what cannot be is if the sales included or didn't include the comics and the copyrights. It could be a case of being orphaned works if the sales didn't include the defunct comic line as part of the umbrella. However, theoretically, this could mean that DC Comics as part of Time-Warner actually does own the early stories of the Nedor heroes."
and "I hate to say it, folks, but the Nedor characters are NOT Public Domain (at least not entirely). Source:
http://onlinebooks.library.upenn.edu/cce/firstperiod.htmlThis reference lists the FIRST issue of periodicals renewed between 1950 and 1977, covering the period originally covered from 1923 to @ 1951, and selected ones thereafter -- the others can be accessed through the LOC copyright renewal registrations.
Of the Nedor titles listed in the 19th Comc Book Price Guide published between between 1933 and 1943, the following books were all renewed beginning with their first issue:
Best; Thrilling; Exciting; Startling; Real Life
The following titles were renewed beginning with their second issues, the first were not renewed according to teh above reference (and I'm NOT going to the library to check these...):
America's Best; Fighting Yank
Only the following books have no record at all on the above cited list:
Black Terror; Major Hoople; Real Funnies; Funny Funnies; Goofy; Happy
And the following book, published by them later in teh '40's, is also not listed in the reference:
Wonder Comics
Any characters that debuted in the ones that were copyrighted are NOT Public Domain, even if there are many articles claiming this. Americomics was WRONG. Rights on each of these characters would have to be determined on a case-by-case basis, depending on where they first appeared."
"It is clear that Ned Pines did renew copyright on most of his characters' first appearances, despite widely reported statements to the contrary. Also, Pines sold one of his companies, Popular Library, to Fawcett Publishing, who in turn, sold it to CBS, and today, the Nedor characters would be owned by either Bertelsman AG or Warner, if the comic books they appeared in were published by Popular Library. If Ned Pines used different compaies to publish these books, they may be in public domain.
Clearly, more research needs to be completed on this topic and misinformation is widespread. 72.29.159.115 (talk) 10:45, 3 June 2008 (UTC)
And since none of the above has any citations on it, it should not be considered authoritative. -JasonAQuest (talk) 13:09, 3 June 2008 (UTC)
The citations regarding which books were renewed or not renewed may be found at the following page:
http://onlinebooks.library.upenn.edu/cce/firstperiod.htmlMotion Picture Funnies Weekly #1 (first appearance of Sub-Mariner) NOT-RENEWED Whiz Comics #2 (first newsstand appearance of Captain Marvel) NOT RENEWED Flash Comics (first appearance of Captain Marvel as Captain Thunder) NOT RENEWED Thrill Comics (first appearance of Captain Marvel as Captain Thunder, published concurrently with Flash) NOT RENEWED Police Comics #1 (first appearance of Plastic Man) NOT RENEWED Military Comics #1 (first appearance of Blackhawk) NOT RENEWED
This report also clearly shows Ned Pines DID renew copyright on most comics published by Nedor, including Exciting, Thrilling, Startling Comics and America's Best Comics.
The notes regarding Pines' sale of Popular Library can be referenced here:
http://forums.comicbookresources.com/showthread.php?p=6339408"
It seems likely to me that either the Nedor materials are orphan works, or, if any company did acquire the rights, they neither know nor care as "they" have never taken action against.