Intellectual Property Law

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Intellectual Property Law

I am starting a tshirt company and have a question about a

Customer Question
Hi I am starting a...
Hi I am starting a tshirt company and have a question about a design ...curious if i could be violating any copyright or trademark laws i want to use a disney characters name and also a newly created icon on a shirt
JA: Do you have a registration record?
Customer: i dont know what that is
JA: Has anything been filed or reported?
Customer: no? I havent put the design into production because I want to make sure its ok to do so
JA: Anything else you want the lawyer to know before I connect you?
Customer: I dont think so
Submitted: 4 months ago.Category: Intellectual Property Law
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Answered in 2 minutes by:
7/18/2017
IP Lawyer: Gerald-Esquire, Lawyer replied 4 months ago
Gerald-Esquire
Category: Intellectual Property Law
Satisfied Customers: 4,411
Experience: 30 years of experience.
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Customer reply replied 4 months ago
Thank you, ***** ***** it. I am excited to get my business started and want to be sure all of my products are legal to produce.
IP Lawyer: Gerald-Esquire, Lawyer replied 4 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The Disney characters are protected by both copyright and trademark. You can not sell items with Disney characters without obtaining a License from Disney to do so. You can obtain a license through this link:

http://www.disneystudiolicensing.com/

You can use your Icon without trouble since it is original. Your Icon can be copyrighted so that it is protected.

You can use this link to register your own copyright:

https://www.copyright.gov/registration/

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 4 months ago
to confirm, I can't even use the name without getting permission?
Customer reply replied 4 months ago
I didnt know my attachment would be available for public viewing, can I please remove it?!
IP Lawyer: Gerald-Esquire, Lawyer replied 4 months ago

Yes. You can not use Disney (with some exceptions) without permission. The exceptions pertain to Fair Use and Parody. BUt it is so expensive to defend against Disney it is probably not worth it to you. If you want more information on Parody/Fair Use let me know.

I can close the question and block the attachment after you rate me.

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Customer reply replied 4 months ago
if my name were Ariel and I put my own name on something, because that was at one time a Disney character that would be a problem?
IP Lawyer: Gerald-Esquire, Lawyer replied 4 months ago

Here are some articles on Fair Use and Parody:

http://pubs.acs.org/subscribe/archive/ci/31/i09/html/09legal.html

http://fairuse.stanford.edu/overview/fair-use/four-factors/

This is a complicated area of law and you can open yourself up to litigation if you use the Disney Characters or name without permission.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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Customer reply replied 4 months ago
I dont feel like I got a clear answer so why would I provide a 5 star review? No thanks.
Customer reply replied 4 months ago
Can you please close this and remove my attachment?
IP Lawyer: Gerald-Esquire, Lawyer replied 4 months ago

Yes I will be pleased to do so. I am sorry my response was not clear.

I would be happy to answer any follow up questions ( no additional charge). The law can be complicated and it is sometimes difficult to be as clear as I want to be.

In the meantime I will ask customer servie to remove the attachment.

Ask Your Own Intellectual Property Law Question
IP Lawyer: Gerald-Esquire, Lawyer replied 4 months ago

I have just requested the attachment to be removed.

I can't close the question without a positive rating. The system will not let me. If you can rate me 4 or even 3 stars I can try to do so.

Also I am happy to continue to try to help you.

Ask Your Own Intellectual Property Law Question
Customer reply replied 4 months ago
I will review, I'd really appreciate if you could follow up and remove my doc.
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Category: Intellectual Property Law
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