Legal Question in Intellectual Property in California
Hello.
My 13 year old son loves the Beatles and came up with the idea of opening a sandwich shop called "The Yellow Submarine Sandwich". We talked about how this is a cool idea as our whole family enjoys music from the Beatles. The sandwich shop will have pictures of the Beatles inside with their music playing overhead. Sandwiches will be given names similiar to Beatles songs. For instance, instead of "I want to hold your hand", it will be "I want to hold your Ham" sandwich. Others sandwiches will be called "The Fab Four" (Four meat), Strawberry Fields (salad), etc. My question is are we violating any copyright laws? Are we on the fringe of violating any law? Basically, we are Beatles fans who want to share Beatles music, sights and sounds over a good sandwich to our local community.
Thank you
Steven
2 Answers from Attorneys
Unfortunately if you were to do what you describe you would quickly discover that the real Blue Meanies are Intellectual Property lawyers. The titles to the Beatles songs are trademarked, and to play their music over the P.A. would violate their copyright. If, however, you were to open a Yellow Submarine Sandwich shop -- lose the Beatles references and just paint the place yellow -- you might be on firmer legal ground.
Besides what the other attorney says, there is someone else who might complain. There is a sandwich shop here in San Francisco called The Yellow Submarine. They probably hit on the same idea some time ago. Consult with an attorney in your area for specific advice.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
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