SUperhero Costumes/capes Copyrighted or Trade marked?

[yakkingwithfaze]

Wanted to know if Superhero costumes/capes are they copyrighted or owned by Marvel or DC? like if you wanted to use a similar design for your character like a robin cape and change it abit like color

[JediJaida]

Yeah.

Capes and bodysuits can be pretty generic; even if the color scheme is similar to the superhero in question.

Plenty of superheroes wear capes, leotards, masks, gloves and have utility belts with all sorts of cool stuff.

If it's your hero/heroine, you can dress it up any way you like, give it any name you like (as long as it isn't a dead ripoff of an established image), and any superpower you like.

There are plenty of heroes that fly, have super strength, have cool gadgets, are of alien origin, immortal, or what have you.

[yakkingwithfaze]

Thanks for clearing it up,

[JediJaida]

Any time.

[darklord1967]

This might be a bit of a slippery slope / grey area.

The overall look / costume of comic book hereos are trademarked properties.

When you start dealing with SEPARATE GARMENTS, obviously you have a lot more leeway.

For example: DC Comics cannot claim a trademark on just a red cape.

However, if you create and start making money off of a character that wears a red cape (which is tucked into the neck seam of a royal blue leotard). And if this cape has a yellow monogramed emblem inside a diamond-shaped crest emblazoned on the back, then you might hear from the lawyers at DC/Warners regarding "trademark infringement".

Most Superhero garments by themselves are NOT considered intellectual property. Hero insignias, logos, and emblems most certainly are... but NOT simple garments. HOWEVER, THERE ARE SOME LIKELY ACCEPTIONS TO THIS RULE.

You mentioned capes:

If a cape is designed with a specific color-combination design, or if it has unusual features that work in conjunction with this color scheme, then you might have a situation where just the simple garment quite possibly becomes the intellectual property of the designer / publisher.

A good example of this might be SHAZAM! (Captain Marvel's) cape. There we have a cape that is (specifically) white, with yellow trim, and is high-collared. The cape has a yellow rope fastener, AND yellow print / tassles along the outer edges.

That is a VERY specific design / color combination. More than likely, this design is the intellectual property of DC Comics.

Similarly, we have the design for THE BATMAN'S cape: Leather / satin dark blue or black, with bat-wing scallops). No other character wears a cape of that specific design. It may be considered trademarked.

[yakkingwithfaze]

What if for my character i had the Robin collar cape style on the front, with black cape and a logo on the back? could i use that eh?

[darklord1967]

That sounds different / original enough to me to cause you no problems!