Legal Question in Intellectual Property in New York

Use of an untrademarked character name

Say I want to create a childrens' book about a 'character' that is based from a collectible Hallmark ornament...specifically one called ''Bill the Horse'' (not his real name). Do you think that their lawyers will come barreling down on me if I'm successful with my book? I searched the trademark database at http://www.uspto.gov/index.html for that exact name and did not find it. Should I trademark it? Thanks -


Asked on 6/21/05, 9:22 am

1 Answer from Attorneys
Meyer Silber The Silber Law Firm, LLC

Re: Use of an untrademarked character name

You bet that Hallmark will come looking. The figure may be copyrighted. If you are serious, try to talk with them about licensing the name, but they will probably not go for it.

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Answered on 6/21/05, 10:49 am


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