Legal Question in Intellectual Property in Florida

Hi,

I'm currently working on a project and have a question in regard to copyright, trademark infringement laws, I think? To explain...

I live along the gulf coast (Pensacola Bch, FL.) and as everyone has heard by now, we are experiencing a natural disaster with the BP oil spill. As you can imagine we along with several coastal states and beyond are not happy with the efforts being made to contain and prevent further damage. My question is this. I've come up with a bumper sticker idea that would use a likeness of BPs logo, colors, etc. not their actual logo or name (BP) but a similar design and name that resembles their logo. What are the laws here, is this any type of infringement, etc.? My plan is of course to sell the stickers with a percentage going to wildlife rescue and cleanup. I already have a charity on board but need to know the legalities first.

Thank you for your help,

Steve


Asked on 6/16/10, 9:57 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

Any attorney will say the test is likelihood of confusion. Many bumper stickers, cartoons, etc. make a parody of various brands. Consumers do not think the parody is originating from the actual brand. Consult with a trademark attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 6/17/10, 6:56 am


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