Legal Question in Business Law in Illinois
I plan to sell my pinatas online. I make my own custom pinatas, but would like to sell ones that have popular characters on them. Question is, if I create my pinata, then add, say, a paper bday plate that has an image, say ironman, whose license has already been paid for by that bday plate company, do I also have to license? So I'm basically adding a product (plate, helium balloon with character on it) to my finished product. Any guidance will help greatly.
2 Answers from Attorneys
To use the image which has a copyright or trademark registration, you must obtain the consent and comply with the terms and conditions. Perhaps you can obtain consent from bday plate which may have such authority under its licensing agreement.
As a Franchise Attorney I agree with the other attorney answer. You can't piggy-back someone else's license to use or copy a copyrighted or trademarked item for your own commercial use. You need permission from the copyright or trademark owner. 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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