Mascot Rights

[thornbeast.livejournal.com]

I have recently had my mascot ripped off, and I am a tad concerned.
I would like to know if there is any way I can trademark my character to be my business mascot
My character is here: http://www.furaffinity.net/view/6921917/
And the Watermark: http://www.furaffinity.net/view/7270444/

I would also like to know how to file a DMCA to websites such as DeviantArt and FurAffinity

Thank you for your help.

Edit: This is for the character, not the species. Also, the journal on my FA page has nothing to do with this entree.

Comments

[ljmydayaway.livejournal.com]

You'd have to speak to a copyright/trademark lawyer - they'd be the only ones able to speak with any certainty on the subject.

From my understanding, you'd be able to trademark/copyright your logo itself, but that would not copyright/trademark your character itself.

How was it ripped off? Just curious, I'd like to see examples (you can send them privately).

[thornbeast.livejournal.com]

Thank you for the advice
By chance do you happen know if there would be a difference if the character was used to represent a business for multimedia art(Fursuits, animations, comics, etc similar to the way Disney is able to sue for likenesses of their characters?

The character being ripped off is not the issue at hand, I am simply asking advice in general.

[ljmydayaway.livejournal.com]

I think this read should help: http://www.ivanhoffman.com/characters.html

[koisnake.livejournal.com]

That's what I thought. The person cannot steal the character but if he or she changed a few aspects of the character, then if I'm not mistaken, nothing can be done. That's how companies get away from putting 'familiar' characters in their advertisements, selling them.etc (ex. Dora the Explorergirl) or Dr. Peper instead of Dr. Pepper as seen in South Park.

[poizenkat.livejournal.com]

That would fall under parody, no?

[koisnake.livejournal.com]

The second example, yes, but not the first :) But forgot about parody, lol!

[fionacat.livejournal.com]

Parody is a defence which has to be proven, possibly in a court of law.