DC Comics claims Fanman resembles Superman in Australia — ABC News Australia
Dubbo Lighting Centre owner Matthew McKay in the Australian city of Dubbo is challenging DC Comics’ claims over his advertising character Fanman. Company representatives said elements of the character’s appearance may infringe trademarks associated with Superman, ABC News Australia reports.
McKay created Fanman after becoming tired of visitors asking whether his store also sold fans. The character first appeared on a personalised licence plate, later in social media videos and on a brightly decorated car. The business owner said that he now mostly wears the costume for fun.
DC Comics’ claims
In a letter, DC Comics representatives stated that Fanman uses key features that are “deceptively similar” to Superman’s image: a red, blue and yellow colour scheme, a cape, boots and a chest emblem resembling Superman’s shield. According to the company, this could mislead consumers about whether McKay’s business has permission, a licence or endorsement from DC Comics. The company demanded the removal of all content related to Fanman.
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McKay said he initially took the letter for a scam. He acknowledged the presence of similar features but disagreed with the claim that he uses DC Comics brands to create the impression of an association with the company. The Dubbo Lighting Centre owner hired a lawyer to challenge the claims and does not currently plan to abandon the character or remove the disputed content.
Expert assessment
Sarah Hook, an intellectual property law expert at the University of Technology Sydney, noted that operating in a different industry does not in itself protect a business from a trademark dispute. According to her, a court will assess how similar the branding is to registered trademarks and whether consumers may assume a connection between the two companies. Hook also said that Australian trademark law does not contain a separate exception for parody.
She advised small businesses to check IP Australia’s free trademark register before investing money in logos, vehicle designs or other brand elements.
