QUESTION
Can I sell an item inspired by a movie character if I change the item's name so that it doesn't reference the movie?
Asked on Jan 02nd, 2014 on Intellectual Property - South Carolina
More details to this question:
I sell handmade items (knit and crochet mainly) and had a complaint about a copyright infringement, resulting in my item's listing being deleted. If I change the title and description so that no mention of the movie or character is made, am I able to put my listing back up? The design is my own personal pattern, my interpretation of a garment from a recent film.
1 ANSWER
Intellectual Property Attorney serving Manchester, NH
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Hayes Soloway P.C.
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It depends. Harry Potter (if my son's halloween costume was accurate) a gold and maroon scarf). If you made a gold and maroon scarf and sold it, you would likely not be guilty of copyright infringement. If you stitch a Hogwarts or Griffendor insignia or a lightning bolt into the scarf or sell it as a wizard's scarf or anything else that cause people to buy the article because of an implied association with the books/movies, you could receive another complaint.
Answered on Jan 06th, 2014 at 9:29 AM