Is Hercules a copyrighted character or can I use it as a nickname for one of my superheroes?

2016-09-01T12:37:37Z

It's for a story I'm writing.

Michael2016-08-30T15:32:44Z

Favorite Answer

"Hercules" as the name of a fictional character is neither copyrighted nor trademarked. You are free to use it as a nickname.

In fact, stories were told about the mythical Greek figure Hercules long before copyright or trademark law even existed. You are free to use these ancient public domain myths about Hercules as the source of both your name and inspiration/ideas for your own superhero.

Nuff Sed2016-08-31T08:50:44Z

There are HUNDREDS of trademarks comprised of the word HERCULES, including numerous US registrations. You would have to do a "clearance search" to make sure your use doesn't conflict with the rights of others.

For example, someone recently attempted to register HERCULES for a line of computer games, it was refused for "likelihood of confusion" with numerous existing HERCULES brand registrations.

This means that those OTHER registrations were enforceable trademarks, in addition to any that are in "actual use in commerce" in the USA or other countries recognizing such proprietary brand acquisition without requiring any registration at all.

Elaine M2016-08-30T18:15:02Z

He's a mythological character so he's not copyrighted, no.

Anonymous2016-08-30T15:33:12Z

Yeah, Homer or Ovid or somebody owns the copyright to him. See that thing in the front of the book? "Copyright (C) DCCXVII B.C. by the Greek Mythology Corporation, Inc."