QUESTION
Can I use a copyrighted graphic design as a new color pattern (camo) for a toy gun?
Asked on Nov 04th, 2013 on Intellectual Property - California
More details to this question:
I found a graphic design image that is being used as a camoflauge pattern on the newest Call of Duty video game. I want to use that design and transform it into a 3D color pattern to use on a toy gun.
1 ANSWER
Intellectual Property Attorney serving Manchester, NH
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Hayes Soloway P.C.
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It would be copyright infringement to copy a copyrighted design and place it on anything. I would question whether you are copying the entire design, a significant portion of the design, or a minor element as there is some level where the copying is so insignificant so as not to be actionable (similar to using a quote from a book), but you have not suggested in the question that you are using anything less than the full copyrighted design.
Answered on Nov 05th, 2013 at 8:25 AM