QUESTION

How much trouble could I get into if I sell shirts with “Gary Oldman is Awesone” or Gigli wasn’t that bad” printed on them?

Asked on Sep 15th, 2012 on Entertainment Law - California
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3 ANSWERS

Personal Injury Attorney serving Beverly Hills, CA
Partner at Engelman Law, APC
I don't see why this would get you into "trouble" based on the limited information you have provided. You may wish to discuss this with an attorney in more detail to ensure this is sage advice.
Answered on Sep 20th, 2012 at 6:33 PM

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Commercial and Business Transactions Attorney serving San Mateo, CA at Avialex Law Group, LLP
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Will you be putting photos of Gary Oldman or Affleck on the shirts? Because there are laws prohibiting you from making money using another person's likenessi.e. image. Whereas, movie titles usually cannot be trademarked.
Answered on Sep 20th, 2012 at 6:32 PM

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Susan Marie Basko
The California Right of Publicity law says that if you use another person's name on merchandise without their permission, you can be liable for any damages suffered by the person and/or $750, plus any profits you made. Also, punitive damages are possible and the prevailing party has to pay the other side's attorney fees. That's a heft amount of money for a joke almost no one is going to get. You can, however, asks Gary O for his permission to use his name on this shirt. He might say yes. As for making a shirt with the name of the movie "Gigli," that in itself would probably be fair use as commentary on a movie. However, "Gigli" is a trademarked name of a line of products unconnected to that movie. You may run into trouble with the owners of that trademark.
Answered on Sep 20th, 2012 at 9:38 AM

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