: 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

@BetL639

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It is my understanding that under US law, if a trademark is NOT defended, a subsequent case can point out the first non-defence as part of his/her later defence. For instance:

In 2016 Mr Example of Nowheresville makes & sells Tarzan lunchboxes. Big Hollywood Lawyers do not notice, so do not prosecute.
In 2017 Ms Demonstration makes & sells Tarzan t-shirts. Big Hollywood Lawyers do notice, so do prosecute. Ms Demonstration can use "But you didn't prosecute Mr Example" as part of her defence.
The judge can rule the trademark has lapsed, since the Big Hollywood Lawyers didn't prosecute Mr Example. (The judge might not do this, but they can, legally).

This makes trademark holders VERY litigious in the USA with lawyers on the prowl to defend their clients' rights. (UK law is a bit more common sense, and doesn't require every single violation to be hunted down and sued into oblivion for the trademark to stay valid).

In addition, it is probably the name Tarzan, Lord of the Jungle and a specific physical description/costume of the character which is trademarked.

Is 'Lord Greystoke' trademarked?

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