: Re: Using Trademarked Public Domain Characters as supporting characters in story I've been trying to find a decent answer to this question for days but no luck so far. I've decided to pose the
Unless you have immensely deep pockets and don't mind spending huge amounts to defend against a lawsuit, whether it's lawful or not to use a character like that matters little. Even a lawsuit you eventually win will put you into the poorhouse.
Generally speaking, the rule is: "Don't use other people's characters without permission. Ever!" Getting permission from a trademark holder is usually either very expensive (think licensing fees) or impossible, and that's where you have to worry about it. You needn't be concerned with the Burroughs estate -- as you note, all the original Tarzan materials are in public domain. Your concern is trademark from the movies and TV (with a movie having dropped just last year). Bottom line: there is no way the trademark owners will let go of the property, because money.
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