Trademark protection of a fictional character provides the owner with the exclusive right to use the character in connection with goods and services, as well as the right to prevent the unauthorized use of the character in connection with goods and services of infringing third parties.

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For content exceeding these limits, publishers retain the exclusive right of use, according to the bill.

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Without registration, the trademark owner must first prove to a court that it indeed owns an exclusive right to use a trademark in order to prohibit use of confusingly similar terms by others.

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The Second Circuit court, though, also decreed that Christian Louboutin retains the exclusive right to use the color red on the bottom of its shoes whenever the outer portion of the shoe is any color besides red.

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On Wednesday, the Second Circuit said that the judge's ruling that a single color can never serve as a trademark in the fashion industry was inconsistent with a 1995 U.S. Supreme Court decision, which granted Qualitex Co. the exclusive right to use a green-gold color on pads for commercial dry-cleaning presses.

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Even the right to use the lamp-posts is not exclusive, and others can mount their own routers there.

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