Orginal vs. Unorginal Characters

So im making this game based of frogger called Ninja frogger. Not your typical frogger game however.

The game was designed around to separate ideas. One that was originally mine and a game using existing well know characters. Now im kind of confused on weather going the original route all the way or the unoriginal route with familiar faces or a combination of the two. Depending just on the characters; there are many routes that can be taken.

I believe there are distinctive advantages to going with original characters or unoriginal characters.

I wanted some unbiased opinions on the matter. So are original or unoriginal characters better and why?

Using existing well-known characters (Unless they have special licensing, or you have permission) is illegal. Simple as that. Maybe nobody will catch you, but it's strictly against copyright law, even if the game is free.

Characters are trade marked (Officially Licensed as a visual representation of a company) and copyrighted as well. There is absolutely no reason not to come up with your own character and your own name (Frogger is also protected trademark/copyright). There is no advantage to going with a well known character. The company that made it will sue you, and the players will say you are a rip off. Lose/Lose.

Ok I think I forgot to mention a few things as people are jumping to conclusions. If I do use existing characters I will obtain permission/ License. So that is of no concern to me. Plus i never explicitly mentioned a company.

Then there has to be some advantages to using existing characters because publisher do it all the time. Besides the obvious established fanbase.

Depending on the type of game new sprite work might have to be done original or unoriginal etc...

As for the trademark im pretty sure "Ninja Frogger" as one entity is not trade marked but if it is i simplely change it. Should be No big deal Ninja Gaiden/Tecmo not filing against Fruit Ninja or Final Fight agaisnt Final Fantasy. Just examples. If a problem arise im sure a simple agreement can be made. Trademarks are registered by word/design.

Just an example using "Frogger" check Trademark Electronic Search System (TESS)for your nation.

I checked and Ninja Frogger is not registered atleast in the US(dont know how to check for other countries but US site does it matter) and other companies have used frogger in their name. Only problem same industry but still different platform.

Then the likelihood of publisher knowing about fanmade sprites and doing something about it is extremely low. To common and costly.

Egh, head ache i think ill stick with original for this game but i still want to know advantages cause I would like to talk with other people about porting games through agreement one day.

Glad you asked for unbiased opinions. </sarcasm>

Really it seems like you made up your mind before you even asked.

People aren't going to be more interested in your game because you used Frogger - a character with absolutely zero thought put into it. It's a frog. In fact, I think you're better off naming it anything other than Frogger. Also, why so hung up on trademarks and legal matters? There are literally thousands of rip-offs and knock-offs and what have you out there. Just make the game ;)

Glad you asked for unbiased opinions. </sarcasm>

Really it seems like you made up your mind before you even asked.

Not really, i just decided to go with the majority comenters say

People aren't going to be more interested in your game because you used Frogger - a character with absolutely zero thought put into it. It's a frog. In fact, I think you're better off naming it anything other than Frogger. Also, why so hung up on trademarks and legal matters? There are literally thousands of rip-offs and knock-offs and what have you out there. Just make the game ;)

Well im hung up about it for personal reasons and beliefs about the industry.

Then Frogger is not a character. The main characters are just frogs to clarify. Sprites are alot more advanced and more action graphics. Doesn't even look like the frogger sprites.

Not sure what you would call frogger but mine is a platformer/ maybe rpg element

Honestly the name just stuck. If given a better name i might use that. Nothings final until game is published.