Legal Question in Intellectual Property in Indiana

Copyright law does not protect names, titles, or short phrases or expressions. However, the name Blue Jay may be protected under trademark law. To search for registered trademarks, check the U.S. Trademark Office database (www.uspto.gov). You may also want to conduct a search in the NY state database (since DC is located in New York and may have filed there).

As a practical matter, DC and Marvel have many characters with the same name, so just make sure the other attributes of your character (appearance, powers, background) are different and you should be okay to proceed without risk of legal trouble.

Examples:

Master Man (DC) or Master Man (Marvel)

Barracuda (DC) or Barracuda (Marvel)

Mad Hatter (DC) or Mad Hatter (Marvel)

Kamikaze (DC) or Kamikaze (Marvel)

Copperhead (DC) or Copperhead I (Marvel)

Arcana (DC) or Arcana (Marvel)

Scorpia (DC) or Scorpia (Marvel)

Titania (DC) or Titania (Marvel)

Red Shift (DC) or Red Shift (Marvel)

Guardian (DC) or Guardian (Marvel)

Gorgon (DC) or Gorgon I (Marvel)

Scarecrow (DC) or Scarecrow (Marvel)

Mad Dog (DC) or Mad Dog (Marvel)

Vulture (DC) or Vulture (Marvel)

The other attorney is right on point here. I also recommend you consult with an attorney in your area for specifics, given the search results and your Blue Jay character attributes.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

According to Wikipedia, Blue Jay (real name Jay Abrams) is a DC Comics superhero and a former member of the Champions of Angor, also known as the Justifiers. He has the ability to shrink to seven inches tall and grow blue wings which allow him to fly. Blue Jay is a homage to the Marvel Comics character Yellowjacket. Blue Jay was created by Mike Friedrich and Dick Dillin. He first appeared in Justice League of America #87 (February 1971). You can find extensive details on Wikipedia by searching for "Blue Jay (comics)". From your question, I take it you may already have this information. The name is perhaps protected under common law trademark principles for superheros comic books and DC might have an interest in stopping you if your character is any sort of superhero, since although supposedly killed Blue Jay is apparently going to return. If your Blue Jay is a bird, you should be okay. However, if your character is a superhero you should change names, perhaps to Blue Ray (Sony owns Blu-Ray Disc but not Blue Ray)and then your hero could use a blue laser. Otherwise, set aside a sizable contingency budget for a legal battle with DC Comics. I second that you should see an intellectual property law attorney with special expertise in both copyrights and trademarks, as well as character licensing and protection. It is probably not important whether the attorney is local to Indiana, as you would be dealing on a national level with Federal law and your publishers will likely be in New York, California or Illinois. What is important is that you get an attorney and get some solid advice, especially if you stick with Blue Jay and your Blue Jay is a superhero.