Trade Marks - Brand Protection

Can a Mascot Land You in Trade Mark Trouble? What the Fanman and DC Comics Dispute Teaches Business Owners

By IP Wealth · 26 October 2026 · 6 minute read

A regional lighting business and its home-grown superhero mascot have reportedly drawn a letter from one of the biggest names in comics. The claims are unproven and may well be contested, but the story raises a question every business owner with a character in their branding should ask: how close is too close?

What has been reported

According to ABC News and SmartCompany, Matthew McKay, who owns Dubbo Lighting Centre in regional New South Wales, has been promoting his business with a superhero character called "Fanman". He says representatives of DC Comics, the publisher behind Superman, have sent him a letter alleging that Fanman adopts key features that are "deceptively similar" to Superman. The features reportedly named include the red, blue and yellow colour scheme, a cape and boots, and a chest emblem.

The letter also reportedly says the branding could mislead people into thinking the business is authorised, licensed or endorsed by DC, and asks for the Fanman content to be removed, including social media posts and a wrap on the work ute.

It is important to be clear about what this is. Based on the reports, it is a letter of demand. No IP Australia opposition or court proceeding has been named, and the specific trade marks DC relies on have not been identified publicly. Mr McKay has reportedly engaged a lawyer, says he disputes any suggestion of a connection, and has said he would like to keep the character, possibly with a different look. We have no inside knowledge of the matter, and nothing here is a comment on who is right.

Why this matters even if you are not selling lighting

Mascots, costumes, cartoon characters and "inspired by" designs are everywhere in small business marketing. They are memorable, they work well on social media, and they are fun. They are also one of the most common ways a small business ends up on the receiving end of a trade mark letter, usually without ever intending to copy anyone.

As UTS intellectual property lawyer Sarah Hook told the ABC, social media and AI tools make it easier for rights holders to spot uses like this, so letters of this kind may become more common.

How Australian trade mark law looks at it

There is no general parody exception

Many people assume that a joke, a tribute or a clearly cheeky version of a famous character is automatically safe. Australian trade mark law does not contain a general parody exception. A court or the Registrar looks at how similar the two marks are, what they are used for, and whether people could be deceived or confused.

A different industry helps, but does not guarantee safety

Trade mark protection is tied to the goods and services a mark is registered for, so using a similar sign in a very different field is usually lower risk. But it is not a free pass. The Trade Marks Act 1995 (Cth) also allows owners of very well-known marks to object to use on unrelated goods or services in some circumstances, where the use would suggest a connection and be likely to harm the owner's interests. How far that reaches depends on the mark and the facts.

Trade marks are not the only issue

A letter like this may also raise other legal arguments, such as misleading or deceptive conduct under the Australian Consumer Law, passing off, or copyright in a character's artwork. Each has its own test, which is one reason to get advice early rather than guess.

If you receive a letter like this

1. Do not ignore it. Deadlines in these letters are often short, and silence can make things harder.
2. Check who sent it. IP Australia has recently warned about scams impersonating trade mark attorneys and sending fake notices. Verify the sender through official sources before you respond or pay anything.
3. Keep everything. Save the letter, emails, and copies of the branding, posts and products in question.
4. Avoid admissions. Do not reply in anger, and do not agree to anything on the phone.
5. Get advice before you delete or change anything. The right response may be to contest the claim, negotiate, or adjust the branding. That is a decision to make with advice.

How to avoid the problem in the first place

• Search before you commit. Check the IP Australia trade mark register and the wider market before you adopt a character name or design, and keep dated records of what you found.
• Design for distance. Originality helps. A character built from familiar superhero features is much harder to defend than one with its own look and story.
• Protect your own character. A mascot that becomes recognisable is a valuable brand asset. Its name and logo can often be registered, so someone else cannot copy it later.
• Review as you grow. A tiny local joke is one thing. A character on vehicles, signage and national social media is another.

Frequently asked questions

This article is general information only and is not legal advice. It refers to media reports of a dispute in which the allegations are unproven, and IP Wealth has no involvement in or inside knowledge of that matter. Sources: ABC News (22 September 2026) and SmartCompany (23 September 2026). Always seek advice about your specific situation. © 2026 IP Wealth Pty Ltd. All rights reserved.