Legal Question in Intellectual Property in Florida
There is a series known as Penny Arcade that parodies many gaming icons using likenesses of characters from other companies (such as Sega, Microsoft, etc.). They distribute their work for non profit, but are known to sell shirts and other merchandise using their original characters.
Similarly, there is animator name Harry Partridge that parodies movies using likenesses of characters from the movies. These animations aren't sold, but again merchandise featuring the likeness of those characters are sold.
My question is, how are these companies and individuals able to use these licensed and/or trademarked characters without getting into trouble? I would also like to develop a similar IP using the likeness of the characters represented, but I'd like to sell the actual strip, not individually, but as part or a compilation of works (such as a collection of strips, not by the strips).
Would I get into trouble for doing this?
1 Answer from Attorneys
As a Franchise Attorney I can say the following. It's very likely the other companies, etc are operating pursuant to a "license" that allows them to use the characters. You would need to do the same. Or they may be relying on the "parody defense." The defense is that there is no likelihood of confusion because the parody will not be taken seriously. While it must initially bring to mind the original, it must be clever enough to be clear that it is not the original nor connected with the original, but is a parody, a humorous take-off on the original. In order to be successful as a defense the parody must be handled correctly. This is not a do-it-yourself project, as it involves a tricky legal strategy. Consult with a good intellectual property or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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