Legal Question in Business Law in New York

Permission

Hello,

I have a T-shirt idea using phrases from particular movies, such as exact quotes.

Do I need permission before I can go ahead with this?

Also, what legal right if any do I have and if not what is needed to go ahead w/ this home based business idea?

Many Thanks


Asked on 3/25/02, 1:26 pm

1 Answer from Attorneys
Sarah Klug Law Office of Sarah Scova Klug PLLC

Re: Permission

You would need permission from the holder of the intellectual property rights, namely the copyright and/or trademark holder of the phrase or photo you wish to use. I would suggest that you contact an attorney so you can work together to determine which phrases you may use without infringing upon the intellectual property rights of any third parties as this can be a confusing landscape of state and federal registrations as well as common law rights.

As an example, it appears that in 1997, Tristar Pictures had to abandon their trademark application for the phrase SHOW ME THE MONEY (to be used on clothing) because a trademark for SHOW ME THE MONEY in association with clothing had already been issued to someone else in 1996.

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Answered on 3/29/02, 9:49 pm


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