Sure, Marvel would absolutely be able to use characters like Batman and Superman in future projects … but it might not be worth the hassle. Marketing such inclusion would be treacherous territory due to DC’s many trademarks, and the pool of content available for adaptation would initially be severely limited. “DC should continue to add elements and make minor changes to its characters to further separate them from the original, unprotected characters,” Tre Lovell advised. “In addition, the more DC portrays its characters in alliance with ‘DC characters,’ the more people will acquaint them with DC and strengthen trademark rights.”
Of course, there are other considerations as well, such as brand dilution. Marvel might not be interested in centering characters that will never fully be theirs to control. As long as DC continues to make tweaks to its roster, the modern versions of its heroes and villains will always fall under its control exclusively, and lesser uses from a rival like Marvel could even help build brand awareness for DC’s projects.
Let’s not forget that blockbuster comic book movies may no longer reign supreme by the time DC’s characters enter the public domain. DC and Marvel have struggled at the box office over the last couple of years. In reality, Batman and Superman’s public domain debuts will probably be accompanied by more indie comics and low-budget horror parodies than cross-brand cameos.
