QUESTION
Creating a Batman Ring, Who Do I Talk To?
Asked on Oct 07th, 2014 on Intellectual Property - Colorado
More details to this question:
My wife and I have been married for 5 years and i'm trying to do something special for hanging by my side through all my military bull-crap. She's really into Batman and I created a custom ring design that implements the Batman Begins symbol which I believe is copyrighted by Warner Bros. I want to have Zales create the ring but obviously they cannot touch it until I get approval from whoever owns the symbol. I've tried talking to both DC comics and Warner Bros but neither have responded. I am not reselling, producing for profit, etc. I just want to make a awesome and personal feel wedding ring that she would love. I need to know who and how to get rights to make this 1 ring; if at all possible.
1 ANSWER
Intellectual Property Attorney serving Manchester, NH
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Hi Steven,
Has Zales refused? I would start there instead.
I was having this discussion with another attorney earlier today. In some situations, you have to assume the risk to move forward and deal with the consequences if/when they arise. Production of one ring is not worth the attention of Warner Bros. I would be shocked if they responded to you unless you already knew someone there.
The other way to go is to have the ring made and then deal with WB/DC if/when they find out and contact you. You'll be in poor bargaining position, but at least you will have someone at the table. If Zales won't do it, you can look for others.
And one time infringement (which may be fair use defensible) is not unusual. Many people make their own costumes for ComicCon events and I never hear about any of them being sued. WB/DC does not act on every conceivable actionable fandom activity.
Good luck,
Todd
Answered on Oct 16th, 2014 at 7:36 AM