Legal Question in Intellectual Property in New York
Animation
Is it true that if Pixar or any body else created a 3D character which is a car with eyes at the windshield, so that no body allowed to create a different car with the same eyes (I mean at the windshield)?
Can Pixar sue me for this?
1 Answer from Attorneys
Re: Animation
Anyone can sue anyone, unfortunately. Whether one can economically, emotionally and physically defend and win are other factors. Assuming the first three are present then your car with eyes at the windshield would have to be distinctly different enough that it won't be considered a copy or derivative work (infringing the copyright), or confusingly similar (infringing the trademark) and, possibly violating other rights, Pixar (or Disney) may have in the characters. Be advised, however, that companies like Pixar, Disney, Viacom, Major League Baseball, etc. are extremely protective of their intellectual property and unless you're Scrooge McDuck or Daddy Warbucks, they'll bury you or anyone else with legal fees which are nothing to such companies.