"Inspired" and "knock-off" characters... Am I wrong, here?


Agonus

 

Posted

All right. I was enjoying some double XP action and doing my RP thing, going from one team to the next.

Then I get to the last team of the night, and lo and behold, I recognize a character who frequents Pocket D. I was excited, thinking, "Oh boy, a fellow RPer. This should be fun."

She basically spent half the mission bugging me on why based my villain on a cartoon character. I asked her not to start that squabbling nonsense, but she retorts that she'll start it every time she sees a "knock off character". She demands to know why I'd knock off a character rather than creating a wholesomely original idea. I replied, that this was my "fun" character. She asks, "why can't you do both?" [have fun and do an original character]. I ended the conversation by saying, "This is how I define my own fun."

Now, my personal feeling on this... I've played nearly fifteen different characters throughout my playtime in CoX. And of that fifteen, I'd say that three of them were blatant knockoffs whom I just wanted to have fun with. As of now, I really only play four of those characters with any regularity. Two of them are wholly original characters whom I cultivated quite thoroughly. And of the other two, one is "inspired" by a cartoon character, and the other is just a blatant rip off a video game character. A note on that last character, I have more fun getting recognized by players than actually doing any real role playing with him.

Now, I pay my $15 dues every month just like everyone else. I'd say that I have every right to play the game how I wish (without negatively impacting the play of others) without warranting others to tell me how I should play. If that means one day, I'll play an original creation, or another day, I'll play the character inspired from one of my favorite cartoons, it's my $15. And if it really bothers you that much, then I believe the best thing you can do is to not interact with me, rather than actively trying to ruin my good time.

Now please educate me here... Am I wrong for thinking this?


 

Posted

It may be your $15, but it's someone elses copyrighted material. The more blatant the throwback is, the more likely it is that people will heckle you - and the more likely it is that NCSoft will end up genericing your character. Without seeing the name/bio/etc of characters in question, I couldn't tell you if you're safe or not, but in general, if someone could look at your character and say "Wow, that's [insert copyrighted character here]" rather than "Wow, that's sort of like [insert copyrighted character here", then sadly, according to the EULA, you're wrong on the matter. That's not me being condescending, mind you - that's just the way the agreement's written.


 

Posted

Well I appreciate your response and input.

The name is completely different and unique, the bio is completely my own, and the character's only real resemblance is the hair, face, and vest [kind of]. He's not even colored the same. Honestly, if I just changed the hair into something else, no one would probably even tell. But I don't want to do that, simply because I'm satisfied with the way he looks as is.

I've seen other players get away with far more blatant copies of other truly iconic characters; right down to the nomenclature. And I've seen far more eerie rip-off characters created between different video game and animation companies...

But you know, where do you really draw the line? I see a lot of characters heavily influenced by established IPs, and characters with bios that originate in already-established universes. I mean technically, aren't they all in violation and warrant their characters genericized and bios wiped?

Honestly, I think from now on, I'm just going to feign dumb....

I just feel that the need to heckle is incredibly petty. I see my own share of what I consider to be dumb character concepts, very lame attempts at RP, or very bad team management. But I don't reach out and try to put the other person down in any way. It's a game, and we're all in it to have fun. If I see something I don't agree with, I just shake my head and move on.


 

Posted

Quote:
Originally Posted by TheNakedNinja View Post
Well I appreciate your response and input.

The name is completely different and unique, the bio is completely my own, and the character's only real resemblance is the hair, face, and vest [kind of]. He's not even colored the same. Honestly, if I just changed the hair into something else, no one would probably even tell. But I don't want to do that, simply because I'm satisfied with the way he looks as is.

I've seen other players get away with far more blatant copies of other truly iconic characters; right down to the nomenclature. And I've seen far more eerie rip-off characters created between different video game and animation companies...

But you know, where do you really draw the line? I see a lot of characters heavily influenced by established IPs, and characters with bios that originate in already-established universes. I mean technically, aren't they all in violation and warrant their characters genericized and bios wiped?

Honestly, I think from now on, I'm just going to feign dumb....

I just feel that the need to heckle is incredibly petty. I see my own share of what I consider to be dumb character concepts, very lame attempts at RP, or very bad team management. But I don't reach out and try to put the other person down in any way. It's a game, and we're all in it to have fun. If I see something I don't agree with, I just shake my head and move on.
Yeah I would agree to take the high road. Not everyone plays the game though. There are some that think they do but don't realize that they also use it to vent their anger and de-stress which eventually leads to them attacking other people. People are violent by nature...so that's what that is all about.

But again! taking the high road and just focusing on enjoying your game is probably the best way to go, my friend.


My Global Chat Handle: @The Dreaming Shadow

 

Posted

Well, for the first, it's wrong to harass someone in game about anything. And by harass I don't mean just pointing something out (oh, that's a copyright character), but spending half a mission bugging someone about anything is harassment, especially if you ask them to stop and they continue.

A lot of people seem to forget they're players here, not employees, not policy enforcers, just players like everyone else in game. It is not their responsibility to act on behalf of NCsoft or anyone else. If you see something in game you feel like violates some rule (copyright characters/names, botting, hacking whatever) then you have the ability to report it, which you should do and then move on. It is not a player's responsibility to 'fix' the issue, that's what a GM is paid for. They will see the report, review it and take appropriate action. Whether or not a player agrees with said action is another story and frankly, not important. They don't work for the company, it's not their place to set policy or enforce rules.

For the second, yes copyrighted characters are copyrighted for a reason, and get genericed for a reason. Making a copyrighted character in game unless you are the owner of said character or have written specific permission, and are willing to provide such evidence in response to your eventual and probably frequent genericing, is completely forbidden by the rules. That also includes 'near misses' like The Incredible Bulk or Iron Dude.

Yes, we all like super heroes. We likely wouldn't be here otherwise. We like the idea or being our favorite heroes. And the people who own the rights to the image and name of those heroes really like making their living off them. They have the right and duty to protect those legal interests in court, and will do so. Since NCsoft doesn't want to deal with another legal case (expensive and time consuming), they can and will shut down any character 'to close' to a copyrighted hero. And rightfully so. So making copies of other people's characters is wrong in all ways. If you want to play a favorite character, just pick some of the things you like most about them and work from that, rather than trying to make as close as possible without getting genericed. As often said, if you have to question whether or not a character is to close, then it is. Someone will have a more picky viewpoint than you and will report your 'Azure Lamp' character, even if you thought it was far enough away.


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Posted

Until the Powers-What-Be tell you your character is too much like a copyrighted character, enjoy playing the heck out of them!

As to the original heckler, nothing says you can't /gignore someone in your own team. :P


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Posted

Quote:
Originally Posted by TheNakedNinja View Post
All right. I was enjoying some double XP action and doing my RP thing, going from one team to the next.

Then I get to the last team of the night, and lo and behold, I recognize a character who frequents Pocket D. I was excited, thinking, "Oh boy, a fellow RPer. This should be fun."

She basically spent half the mission bugging me on why based my villain on a cartoon character. I asked her not to start that squabbling nonsense, but she retorts that she'll start it every time she sees a "knock off character". She demands to know why I'd knock off a character rather than creating a wholesomely original idea. I replied, that this was my "fun" character. She asks, "why can't you do both?" [have fun and do an original character]. I ended the conversation by saying, "This is how I define my own fun."

Now, my personal feeling on this... I've played nearly fifteen different characters throughout my playtime in CoX. And of that fifteen, I'd say that three of them were blatant knockoffs whom I just wanted to have fun with. As of now, I really only play four of those characters with any regularity. Two of them are wholly original characters whom I cultivated quite thoroughly. And of the other two, one is "inspired" by a cartoon character, and the other is just a blatant rip off a video game character. A note on that last character, I have more fun getting recognized by players than actually doing any real role playing with him.

Now, I pay my $15 dues every month just like everyone else. I'd say that I have every right to play the game how I wish (without negatively impacting the play of others) without warranting others to tell me how I should play. If that means one day, I'll play an original creation, or another day, I'll play the character inspired from one of my favorite cartoons, it's my $15. And if it really bothers you that much, then I believe the best thing you can do is to not interact with me, rather than actively trying to ruin my good time.

Now please educate me here... Am I wrong for thinking this?
Its a fine line IMO. We have all seen the LoganX claw regen scrappers, or the Punisher Clones named Frankie C, Super strenght tankers in blue with red breifs and boots. The problem lies in that they are not your trademarks to have fun with. No matter if you pay 15 a month to NC Soft or not.

So now do i think its the end of the world, no i guess not. But NC Soft already had to deal with a suit from marvel for this sort of thing, and so making an "Inspired" character i guess is kinda questionable.

One could argue that any scrapper with claws and regen was knocking off Wolverine. But i think it takes it to a new extreme when you have the black and yellow outfit, the hair (or as close as you can to it) maybe adding the cigar.

Basicly i guess it comes down to if your attempting to make a character because you were inspired by a character in comics or cartoons or whatever, there is a really good chance your breaking the law and violating someones trademarked works. So in that relm, ya i do think that you should really not be having "fun" at the expense of protected works.

I also think that you probably shouldnt be drawing attention to it here in the forums. Trust me you might think that the girl in game and those like her that talk to you are an iratant, but its the ones that wont talk to you and just send in a petition that are going to cause you grief.


 

Posted

Quote:
Originally Posted by TheNakedNinja View Post
She demands to know why I'd knock off a character rather than creating a wholesomely original idea. I replied, that this was my "fun" character. She asks, "why can't you do both?" [have fun and do an original character]. I ended the conversation by saying, "This is how I define my own fun."
Original Idea?

There aren't any original ideas to be had. Every set in this game is somehow based on an existing character. Every origin is too.

Both mainstream comic companies have knocked each others work off time and time again. For every Spider-man there is 5 characters that are very similar to him. Everything you do in this game is going to be based off of something else, whether you realize that is the case or not.

The devs are pretty lenient there, and for good reason. You really have to be trying to copy an existing character for there to be any action taken.

And that should be good enough for the players as well.


 

Posted

Screenshot + Bio + Character Name

Otherwise I automagically assume that you aren't supplying them because it's a blatant knock-off rather than being "inspired by" this cartoon character.

That doesn't excuse someone bugging you for an extended period, however. They should either ignore you and leave the team or shut up and move on after the initial comment.


 

Posted

I have a few "fun" characters that are based on pre-existing, non-comicbook characters, and usually they just elicit a chuckle or a complimentary comment from teammates or folks I pass on the street - one has even won a few costume contests.

That said, I would advise you to keep in mind what I keep in mind every time I play one of these toons - there are people out there who will petition your toon either out of spite, or more likely because they feel like it's the right thing to do to protect the game and Paragon Studios. So don't be surprised if some day you log in and your character Bark Simpton, or whatever is suddenly generic_hero 1278923412.


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Posted

Is it right to use copy righted material? No. But that is no excuse for someone to bother you endlessly. People that do that are searching for a sense of authority and power they cannot get in real life. It's pathetic, just put them on ignore and don't waste time with them.


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Posted

Lots of stones being thrown in the house of glass. Enjoy your homage as long as you aren't A 160 year old claw/regen scrapper named Logan who fought in the civil war(2 if you count last years), traveled though the far east, was captured in Canada, and had adamant infused into your skeletal structure you're probably ok.

Don't let the subset of folks who are wound too tight get to you, they tend to forget that even the most original characters/stories are inspired from earlier works. Plus maybe the copyright expired already and it's public domain

I swear though if I see you say "His power level reads 9000" I'm gonna Jack-O-Vision <tm> you. Seriously


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Posted

I think it all depends on how much is homage vs how much is blatant rip-off. My axe-weilding Brute, Cleave Edge, for example, was a direct tweak on the super-strong heroines and villainesses of comics. Plenty of innuendo, from a mythical island populated only by women, wore a bustier, skirt and metallic gauntlets. But, she was, in the end, her own character. No one could really point at her and go, "why, that's character X". It's a really fine line, and, from your replies to others, it sounds like you're on the right side of it. I mean, really, aren't all characters, in the end, derivatives of mythic characters in some way, anyway? There should be no reason not to accept a bit of overlap and creative inspiration from established characters.


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Posted

Quote:
Originally Posted by TheNakedNinja View Post
Now, I pay my $15 dues every month just like everyone else. I'd say that I have every right to play the game how I wish (without negatively impacting the play of others) without warranting others to tell me how I should play. If that means one day, I'll play an original creation, or another day, I'll play the character inspired from one of my favorite cartoons, it's my $15. And if it really bothers you that much, then I believe the best thing you can do is to not interact with me, rather than actively trying to ruin my good time.

Now please educate me here... Am I wrong for thinking this?
One could make the argument that your playing a knock off character does negatively impact the play of others. (Wasn't there some potential/actual litigation from Marvel based on rip-off characters? The argument would be that Paragon/NCSoft money spent defending itself it court is money not spent improving the game/adding new content, thus negatively impacting the play of others. Please note - I am saying that this argument could be made, not that I am necessarily making it.) It probably comes down to how much of a knock off it truly is though.

So do you have the right to play a knock-off character? (The following is just opinion - and shouldn't be taken as me asserting any of it as fact.) Long Answer - that seems to be up to a GM if/when you are petitioned. Regardless of copyright laws, our "rights" in this game, being a private server, seem to extend as far as NCSoft extends them to us. Short Answer - probably not, but that doesn't mean you can't try to.

Should you be harassed about your choice up to that point? Nope. If it bothers someone that much - they ought to petition you and move on. (Disclaimer - I have not petitioned anyone in this game for any reason, including a knock-off/homage costume.)


 

Posted

That's why I don't play cookie-cutter characters. And I'll be honest, if it's a blatant rip-off, it deserves what happens to it.


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Posted

Quote:
Originally Posted by Fedor View Post
People that do that are searching for a sense of authority and power they cannot get in real life. It's pathetic, just put them on ignore and don't waste time with them.
QFT, and that's all I have to say on that.


 

Posted

Either the player in question had sufficient justification to report your character for copyright violation, or they didn't. After handing the matter over to the GMs to determine (again, if there was actually sufficient cause), that should have been the end of it. If they found your character too offensive to endure, they should have just left the team. Harassing people in chat accomplishes little, except possibly earning one's own private discussion with customer support.


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Posted

I have characters based on all sorts of things. A MM based on "Much Ado About Nothing" (Beatrice), Goldilochs, characters that bare some resemblance to Mulan (a Chinese woman trying to regain family honor) and Poison Ivy (plant control.), more Shakespeare... my main is Rapunzel, for goodness sake!

Having inspiration is part of creativity, every idea comes from something else, no one lives in a vacuum. Wicked, for instance, is a creative musical, based on a creative book, based on a creative story, that was based on basic fairy tale structure.

global ignore is a good solution.


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Posted

Quote:
Originally Posted by TheNakedNinja View Post
...

Now please educate me here... Am I wrong for thinking this?
I have quite a few homage characters myself. Ahreman the Red, for example, was inspired by Black Adam/Captain Marvel, but I at least like to think I've developed him enough into his own character.

Depends on how much you're straying from the inspiration. As was mentioned though, you do seem to be dancing around any specifics for your character in question.


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good luck D.B.B.

 

Posted

Quote:
Originally Posted by TheLadyK View Post
I have characters based on all sorts of things. A MM based on "Much Ado About Nothing" (Beatrice), Goldilochs, characters that bare some resemblance to Mulan (a Chinese woman trying to regain family honor) and Poison Ivy (plant control.), more Shakespeare... my main is Rapunzel, for goodness sake!

Having inspiration is part of creativity, every idea comes from something else, no one lives in a vacuum. Wicked, for instance, is a creative musical, based on a creative book, based on a creative story, that was based on basic fairy tale structure.

global ignore is a good solution.

But there is a difference legally between using characters that clearly fall in the public domain like a shakespear character or GoldiLochs and using say Superman. If you made a super strenght character named Paul Bunyon your not violating anyones active trademark. If you made Super-Duper-Man, a Invul.SS tanker with flight, in blue tights with a red cape, boots, andbriefs, and a yellow belt, with a S on his chest, your pretty clearly violating someones trademarked character.

Now as someone said, NC Soft was already sued by Marvel. It was dismissed BECAUSE the court decided that NC Soft had appropriate systems in place to watch guard the abuse of trademarked characters. One means to that is players reporting the violations for review.

Now having had a character get genericed let me just say that i would preffer that someone tell me they think its wrong then report it. The GMs dont just look for that one character, they go over your entire account looking for violations to trademarks and taste and hit everything. And their definition of what is wrong is much wider then players. Like making a "Darth" anything character is a violation. It doesnt matter if its an attempt to make vader or not, the term Darth they see as violating trademark no matter its use.

So in that way, i could say take a bit of abuse, let that player in the game feel they made their point and avoid the petition if given the chance.


 

Posted

Quote:
Originally Posted by Sephorus View Post
It may be your $15, but it's someone elses copyrighted material.
Trademark. Not Copyright. Everyone always gets those mixed up.

But otherwise, yeah with Sephorus said. And a response of "oh but mine isn't as much of a rip-off as other peoples'!" doesn't make it any better. It's either legal or it's not and the general benchmark for this is if a reasonable person would be able to identify the "knock off", then it's considered dilution and a no-no. The fact that someone recognized it so quickly and easily suggests that maybe you may want to reconsider your design or risk having your character generic'ed by NCSoft.


Quote:
Originally Posted by eltonio View Post
This is over the top mental slavery.

 

Posted

Quote:
Originally Posted by TheLadyK View Post
I have characters based on all sorts of things. A MM based on "Much Ado About Nothing" (Beatrice), Goldilochs, characters that bare some resemblance to Mulan (a Chinese woman trying to regain family honor) and Poison Ivy (plant control.), more Shakespeare... my main is Rapunzel, for goodness sake!
All of those things are in the public domain, and therefore are legally fine.

Quote:
Having inspiration is part of creativity, every idea comes from something else, no one lives in a vacuum.
Yes. We live in a land of laws, both domestic and international, that say you cannot just copy whatever you want from whomever you want without getting permission.

Quote:
Wicked, for instance, is a creative musical, based on a creative book, based on a creative story, that was based on basic fairy tale structure.

global ignore is a good solution.
Wicked was based on the Wizard of Oz which is in the public domain.


Quote:
Originally Posted by eltonio View Post
This is over the top mental slavery.

 

Posted

Quote:
Originally Posted by QuiJon View Post
But there is a difference legally between using characters that clearly fall in the public domain like a shakespear character or GoldiLochs and using say Superman. If you made a super strenght character named Paul Bunyon your not violating anyones active trademark. If you made Super-Duper-Man, a Invul.SS tanker with flight, in blue tights with a red cape, boots, andbriefs, and a yellow belt, with a S on his chest, your pretty clearly violating someones trademarked character.

Now as someone said, NC Soft was already sued by Marvel. It was dismissed BECAUSE the court decided that NC Soft had appropriate systems in place to watch guard the abuse of trademarked characters. One means to that is players reporting the violations for review.

Now having had a character get genericed let me just say that i would preffer that someone tell me they think its wrong then report it. The GMs dont just look for that one character, they go over your entire account looking for violations to trademarks and taste and hit everything. And their definition of what is wrong is much wider then players. Like making a "Darth" anything character is a violation. It doesnt matter if its an attempt to make vader or not, the term Darth they see as violating trademark no matter its use.

So in that way, i could say take a bit of abuse, let that player in the game feel they made their point and avoid the petition if given the chance.
Then with the whole trademark thing, all of a sudden you have another game pop up, on of their developers use a name you have been using for years and you get Genericed. Happened to a friend of mine just recently. I won't state names cause I'm not calling anyone out, but the whole trademark thing is a bit vague at times, especially when you hit a situation like this. Legally because of the CoH EULA, NCSoft has first right in a case like this one would think.


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Posted

Quote:
Originally Posted by DJ_Shecky View Post
Then with the whole trademark thing, all of a sudden you have another game pop up, on of their developers use a name you have been using for years and you get Genericed. Happened to a friend of mine just recently. I won't state names cause I'm not calling anyone out, but the whole trademark thing is a bit vague at times, especially when you hit a situation like this. Legally because of the CoH EULA, NCSoft has first right in a case like this one would think.
Intellectual Property law is a very complicated and somewhat hazy area of law. It's constantly been decided by courts because it's tough to decipher for just about anyone. I've heard IP lawyers give very different opinions on a particular legal question.

Its further confounded by the fact that Trademark and Copyright, while related logically, are in fact entirely different branches of law overseen by entirely different government agencies. It's a confusing area of law at best.

Given that, it's just a good idea to be as cautious as possible unless you're prepared to go through the lengthy and extremely expensive process to challenge a claim in court.


Quote:
Originally Posted by eltonio View Post
This is over the top mental slavery.

 

Posted

Quote:
Originally Posted by TheNakedNinja View Post
All right. I was enjoying some double XP action and doing my RP thing, going from one team to the next.

Then I get to the last team of the night, and lo and behold, I recognize a character who frequents Pocket D. I was excited, thinking, "Oh boy, a fellow RPer. This should be fun."

She basically spent half the mission bugging me on why based my villain on a cartoon character. I asked her not to start that squabbling nonsense, but she retorts that she'll start it every time she sees a "knock off character". She demands to know why I'd knock off a character rather than creating a wholesomely original idea. I replied, that this was my "fun" character. She asks, "why can't you do both?" [have fun and do an original character]. I ended the conversation by saying, "This is how I define my own fun."

Now, my personal feeling on this... I've played nearly fifteen different characters throughout my playtime in CoX. And of that fifteen, I'd say that three of them were blatant knockoffs whom I just wanted to have fun with. As of now, I really only play four of those characters with any regularity. Two of them are wholly original characters whom I cultivated quite thoroughly. And of the other two, one is "inspired" by a cartoon character, and the other is just a blatant rip off a video game character. A note on that last character, I have more fun getting recognized by players than actually doing any real role playing with him.

Now, I pay my $15 dues every month just like everyone else. I'd say that I have every right to play the game how I wish (without negatively impacting the play of others) without warranting others to tell me how I should play. If that means one day, I'll play an original creation, or another day, I'll play the character inspired from one of my favorite cartoons, it's my $15. And if it really bothers you that much, then I believe the best thing you can do is to not interact with me, rather than actively trying to ruin my good time.

Now please educate me here... Am I wrong for thinking this?
Yes it's your $15 and yes you can play as long as you don't negatively impact others but there is that little thing called Terms of Service that we all agree to when you sign in to the game.

Terms of Service is rather clear about copyright issues, but its also clear about harassment.

If your character is truly "inspired" and not a clone then you don't need to worry. However the person that was nagging you constantly was breaking rules of conduct in regards to in game behavior.

Here's an example: one of my many alts has been retooled by me since Booster Pack 1 to 3 came out. He as an average size, normally attired civilian form that he uses and when its time for battle he uses the Lighting Bolt costume transformation emote to shift into a more heroic form for battle. Yes this form is bigger, stronger looking and clad in costume, but it looks nothing like any copyrighted toons. Some jerk tried bothering me about it, told him that transforming in a bolt of a lighting isn't a trademark concept per se as there are multiple characters that do so and all from different companies and since I looking nothing like any trademarked character there was nothing to complain about. The jerk kept it up, they were told by me to cease, they didn't, they got ignored by me and that chat log was appended to my complaint petition against them. Problem solved.

For reference: THOR, Captain Marvel/Shazam, and both original and 2002 He-man transform via lightning/energy bolt striking their form.

I even asked support about the use of the term Super-Hero and Super-Villain as character names, given that there has never been any comic character by those names. Answer was that use of the word "Super" as part of a name wasn't trademarked and that the two terms are not trademarked either. Only restriction of course is to not have them look like trademark toons.

Its a fine line between being an infringement and a homage. Only support can decide when you cross it.