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Selling custom memorabila
 

What are the legalities concerning the sale of customized goods bearing movie/cartoon characters. I am guessing it would infringe on the trademark but then again with the amounts I see for sale, maybe there is a way to do this legally. How about for people, like Obama. Could one get in trouble for using the image of someone famous on their own product?

Re: Selling custom memorabila
 

I would say it would depend on the company is involved in the customization.

Re: Selling custom memorabila
 

Might be a product more suited for etsy

Re: Selling custom memorabila
 

You cant do customized goods on cartoon characters that are copyrighted without expressed written consent of the creators.

For people, it's a bit different.

Re: Selling custom memorabila
 

A lawyer would be the best person to ask for details on this.

Re: Selling custom memorabila
 

Specializing in copyright law - for doing stuff on "people", you could be opening yourself to libel/slander lawsuits because of use of their image without consent for profit-making

Re: Selling custom memorabila
 

So does that mean as long as the image/text does not state lies or anything negative towards the person, it would be within the law?

There are so many t-shirt sellers that print cartoon images, professional sports logos, famous celebrities, how do they manage to stay afloat?

Re: Selling custom memorabila
 

I have rsot on retainer.

Re: Selling custom memorabila
 

@hazy, I cant say more on this because I am not a lawyer - I gave you opinions but I cant recommend you do this just on my words.

How they manage to stay afloat is either a) have license and permission or b) operating dangerously (examples)

Re: Selling custom memorabila
 

As we have learned, Rsot has a med based degree, not a law based one :)

You will need to talk to a copy write lawyer regarding the laws in your country for copy right infringement. They are very complicated and very boring, but you will need to have it looked into before you act on it.

Re: Selling custom memorabila
 

It means take qualified legal advice before committing yourself to any type of business deal.

Using the image of a 'person' may even be a problem.

Be aware of the potential for trouble here.

Re: Selling custom memorabila
 

Personality rights - Wikipedia, the free encyclopedia



You have to do a lot more homework to find out what you can and can not do.

Good Luck

Re: Selling custom memorabila
 

LoL I am just playing...Hey Rsot I didn't know you had a med based degree, what field? Honestly, if there are that many things to take into account, and there is not one clear cut answer, then it is to risky of a territory for me. On eBay at least...

Re: Selling custom memorabila
 

Some of the 'A' crowd of people have all sorts of rights to their own selves....

it's weird. EG, I think Madonna does not allow the Madge face to be on tee-shirts.

There is a risk for you unless you can do thorough research.

Re: Selling custom memorabila
 

Right on - those celebrities, some of them will RIP you apart if they even get a whiff of what's going on...Madonna is one of a few - Katy Perry another recent one

Re: Selling custom memorabila
 

Aren't there parody laws which allow for this kind of thing?

Re: Selling custom memorabila
 

Even if there are, we are not qualified to advise the OP.

Risk of friviolous litigation which USA is nearly swamped with, would mean that type of law might be overturned.

Re: Selling custom memorabila
 

Frivolous litigation - oh man, so true :laugh: