Legal Question in Intellectual Property in Texas

For a commercial website, I hoped to use 30-60 second clips from known Public Domain cartoons, (i.e., Bugs Bunny, Popeye, etc.) I will change the audio and I will not use any intro company material. Will I run into copyright and/or trademark issues?

Thanks in advance for your help.


Asked on 7/25/10, 2:19 pm

2 Answers from Attorneys

Bruce Burdick Burdick Law Firm

The cartoons may be public domain, but use in a commercial website could pose trademark problems if there is any implication of affiliation or sponsorship by those associated with the cartoons, authors - studios - voices, etc. That depends on the context in which you use them, that is, the nature of the use. This is a question of specifics so you should get a consultation from an intellectual property attorney versed in trademarks and copyrights unless you are quite sure there is no hint of endorsement in your use. Think from the other side, whether you would object if you were the owner of the trademarks on the characters. For example if your site is an adult site, the owners of the Bugs Bunny, Popeye, etc characters might very well have incentive to fight your use on trademark grounds.

Read more
Answered on 7/26/10, 1:40 am
Kevin B. Murphy Franchise Foundations, APC

The other attorney is on point here. I only add that there may be trademark infringement in any event. Endorsement is not required to establish trademark infringement. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

Read more
Answered on 7/26/10, 7:55 am


Related Questions & Answers

More Intellectual Property questions and answers in Texas