QUESTION
I design cake toppers using license characters in my design. I was told this is copy right infrigment. Is it?
Asked on Nov 27th, 2012 on Business Law - New Jersey
More details to this question:
I purchase the license figures from retail store. they are real, not fakes. Example " Family Guy Peter and Lois" Then paint then and make little clothes so they look like a bride and groom. Then I use the license figures and design them into a cake topper. Then list the topper on the web and sale. I include the names of the characters in the listing. I state in the listing that it is a custom design. I do not claim that the topper is made by anyone but myself. So am I infringing on copy rights The applicable trademark law is the Lanham Act, 15 U.S.C. § 1051 et seq.
1 ANSWER
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This is a trademark issue, not a copyright one. It is absolutely permissible for you to buy these figures at retail through an authorized outlet. However, when you affix the characters to products that are not manufactured by the trademark owner (such as cakes), you may falsely lead consumers to believe that your cakes are authorized or sponsored by the trademark owner. That is the essence of trademark infringement. Whether this kind of claim is capable of being wholly defeated through a disclaimer or other prophylactic measures is something that can be determined in consultation with an attorney. See an attorney to discuss this matter. You are not going to be able to obtain a comprehensive answer from a computer.
Answered on Nov 27th, 2012 at 10:47 AM