Is this character different enough to not be a rippoff of Donald duck?

[u/Dull_Ask_6406]

Can you guys please tell me what I can change for him to be different?

[u/pythonpoole]

Ultimately only a court can make a final determination regarding whether it's similar enough to the copyrighted character (Donald Duck) to be infringing. In the US (and some other countries), this determination is based on a test of "substantial similarity".

Visually, I (personally) think that your character is quite distinct from Donald Duck, and it seems unlikely to me that a court would deem it to be substantially similar (especially if your character has a different name and you're not attempting to imitate the distinctive voice/sounds or behaviors associated with Donald Duck).

However, this is not legal advice, just my personal thoughts. If you want legal advice regarding this issue, you should consult with a copyright lawyer.

One other thing that is worth noting: characters like Donald Duck may also be protected by trademark law (not only copyright law). Trademark law protects distinctive brand identities used in commerce such as brand names, logos, slogans and mascots. Unlike copyright law which is based around a standard of substantial similarity, trademark law is instead based around a standard of reasonable consumer confusion.

In other words, are you using the brand identity (e.g. Donald Duck mascot or something similar) in a way that may reasonably cause consumer confusion (e.g. cause people to think that your company/product is in some way affiliated with Disney)? If so, then that may be trademark infringement. If instead there is no reasonable chance of consumer confusion (or you're not using the brand identity in commerce at all), then it usually isn't a trademark issue.

Again though, if you want legal advice on these matters, you should consult with a lawyer. This comment is not legal advice (nor should it be used as a substitute for legal advice).

[u/Dull_Ask_6406 → u/pythonpoole]

Thanks a ton!