Internet Marketing Business Forum

Gary F · 07-12-2010, 11:18 PM

The hand drawn character would be significantly different than the registered or trade marked original toy, yet still recognizable. In addition the name would be a take-off or parody of the original with the addition of a new word in the characters name as well as removal of a word from the original title. This character would be a new creation, but his origins to the original would be undeniable.
Can such a creation be made and marketed under the fair use laws concerning parody and satire, much like The Colbert Report, SNL or Mad Magazine does in their pursuit of selling advertising or subscriptions?

Biohazard · 07-13-2010, 03:18 AM

You would be in violation of United States copyright, and possibly trademarks, if the character is recognizable, if you do not first receive permission from the owners of the rights to the character.

07-12-2010, 11:18 PM	#1 (permalink)
Gary F Status: Junior Member Join Date: Jul 2010 Posts: 1	I would like to sell a T-shirt depicting a well known toy character.? The hand drawn character would be significantly different than the registered or trade marked original toy, yet still recognizable. In addition the name would be a take-off or parody of the original with the addition of a new word in the characters name as well as removal of a word from the original title. This character would be a new creation, but his origins to the original would be undeniable. Can such a creation be made and marketed under the fair use laws concerning parody and satire, much like The Colbert Report, SNL or Mad Magazine does in their pursuit of selling advertising or subscriptions?

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07-13-2010, 03:18 AM	#2 (permalink)
Biohazard Status: Junior Member Join Date: Jul 2010 Posts: 3	You would be in violation of United States copyright, and possibly trademarks, if the character is recognizable, if you do not first receive permission from the owners of the rights to the character.