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> "Batman” (the idea, the concept) is still protected by trademark laws

Trademarks very explicitly do not protect concepts or ideas like you claim. Trademark only grants a monopoly on some limited and well-defined identifying design, such as a logo or brand name.




Trademark is actually more narrow than that. It is a "logo or brand name" used in the identification of the source of a good:

https://www.uspto.gov/trademarks-getting-started/trademark-b...

What Is a Trademark or Service Mark and How Do They Differ From Patents and Copyrights?

A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.




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