Can a character be protected only with its name? The TFJA says no. 

September 2, 2026

In a recently published judgment, in a matter litigated by our associates Erick Hernández and Jazmín López, the TFJA’s Specialized Chamber of Intellectual Property found that in order to determine the likelihood of confusion between characters protected by Rights of Exclusive Use, it is not sufficient to make a comparison of only their names. Their physical, psychological, and conceptual characteristics must also be comprehensively analyzed.

The National Copyright Institute (INDAUTOR) initially denied protection for the character “Maxi”—represented by a small green martian—on the grounds that there was a likelihood of confusion with the reservation of rights assigned to “Maxi,” which is a brown-and-white dog. 

The Specialized Chamber overturned the decision and ordered the INDAUTOR to conduct a new, comparative analysis of both characters. To do this, the similarity of names must not be the only aspect taken into account, but also their physical and psychological characteristics; these elements are relevant to determine if similarity exists between these types of figures. 

This precedent strengthens the protection of characters utilized in the industries of entertainment, advertising, digital media, and content licensing by recognizing that a character’s identity extends far beyond just its name.

We are honored to have participated in this case establishing an important precedent in the intellectual property practice of Mexico.