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Is there a lawyer in the house?
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Serial origamist
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I have an IP question.

Let's say there is a comedian, Mister Raspberry, who has been performing since about 1970. As part of his persona, he wears a ridiculously wide, brightly colored tie. At his shows, he sold his silly ties in the lobby (although, they were just folded and stitched, there was no logo or label on the tie). To this day, even in semi-retirement, he wears his silly tie everywhere he goes.

He inspired a generation or two of followers.

Now, let's say someone is organizing a comedy show. Someone on the organizing committee wants something for the volunteers to wear to make them immediately identifiable as volunteers and officials running the show. Someone suggests, "hey, let's make a bunch of Mister Raspberry silly ties for the volunteers!" The ties would be similar to, but not identical to an actual Mister Raspberry tie. The event is not selling the ties, just making a bunch for the staff.

As an aside, there is a possibility that Mister Raspberry himself may attend the show, strictly as a member of the audience.

Does the event have an intellectual property, copyright, or trademark concern?


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pj, citizen-poster, unless specifically noted otherwise.

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Posts: 30040 | Registered: 27 April 2005Reply With QuoteReport This Post
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quote:
Originally posted by pianojuggler:
I have an IP question.

Let's say there is a comedian, Mister Raspberry, who has been performing since about 1970. As part of his persona, he wears a ridiculously wide, brightly colored tie. At his shows, he sold his silly ties in the lobby (although, they were just folded and stitched, there was no logo or label on the tie). To this day, even in semi-retirement, he wears his silly tie everywhere he goes.

He inspired a generation or two of followers.

Now, let's say someone is organizing a comedy show. Someone on the organizing committee wants something for the volunteers to wear to make them immediately identifiable as volunteers and officials running the show. Someone suggests, "hey, let's make a bunch of Mister Raspberry silly ties for the volunteers!" The ties would be similar to, but not identical to an actual Mister Raspberry tie. The event is not selling the ties, just making a bunch for the staff.

As an aside, there is a possibility that Mister Raspberry himself may attend the show, strictly as a member of the audience.

Does the event have an intellectual property, copyright, or trademark concern?


I have a very clear answer, and I’m certain it’s right:

I don’t know.
 
Posts: 45838 | Registered: 20 April 2005Reply With QuoteReport This Post
Serial origamist
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I appreciate and respect anyone who uses those three little words.

I used to have Mister Raspberry's e-mail addy. I can't find it. I have his phone number. I am going to try to call him later today.


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pj, citizen-poster, unless specifically noted otherwise.

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Posts: 30040 | Registered: 27 April 2005Reply With QuoteReport This Post
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I’m not a lawyer, but if you aren’t selling them, I can’t see why there would be an issue? You are allowed to dress up in costume as anybody you like.


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Smiler Jodi

 
Posts: 20525 | Registered: 20 April 2005Reply With QuoteReport This Post
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Jodi - imagine a conference handing out knock-off Disney characters to all their attendees. Pretty easy to imagine getting a nasty letter from a Disney attorney at a minimum.


To the original question, I agree fully with Quirt on this. Calling the guy seems to be the right way to go.


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Posts: 33811 | Location: On the Hudson | Registered: 20 April 2005Reply With QuoteReport This Post
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quote:
Originally posted by jon-nyc:
Jodi - imagine a conference handing out knock-off Disney characters to all their attendees. Pretty easy to imagine getting a nasty letter from a Disney attorney at a minimum.


To the original question, I agree fully with Quirt on this. Calling the guy seems to be the right way to go.


Yep on all counts.
 
Posts: 45838 | Registered: 20 April 2005Reply With QuoteReport This Post
Serial origamist
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Mister Raspberry answered my text haling him. I sent him the question. I'm waiting patiently for a response.


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Posts: 30040 | Registered: 27 April 2005Reply With QuoteReport This Post
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Well, I have a series of texts. Mister Raspberry says "you can't copyright clothing" (not sure the New York fashion designers would agree), and he borrowed the original from another source. He said he still has the "rights" to sell them at shows, but he's totally cool with us making some for our staff. He even sent me the dimensions and a few pictures.


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pj, citizen-poster, unless specifically noted otherwise.

mod-in-training.

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Posts: 30040 | Registered: 27 April 2005Reply With QuoteReport This Post
Pinta & the Santa Maria
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Nice. He sounds like a cool guy.
 
Posts: 35428 | Location: West: North and South! | Registered: 20 April 2005Reply With QuoteReport This Post
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Nice of you to call him. Glad he said yes!


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Posts: 20525 | Registered: 20 April 2005Reply With QuoteReport This Post
Minor Deity
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quote:
Originally posted by jon-nyc:
Jodi - imagine a conference handing out knock-off Disney characters to all their attendees. Pretty easy to imagine getting a nasty letter from a Disney attorney at a minimum.


To the original question, I agree fully with Quirt on this. Calling the guy seems to be the right way to go.


But Disney is a corporation and corporations are by definition (according to some), greedy. Mister Raspberry, on the other hand, probably has a conscience.


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Posts: 10678 | Location: North Groton, NH | Registered: 21 April 2005Reply With QuoteReport This Post
knitterati
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This is a perfect outcome, and it’s based on person to person contact. I love it. Have fun with your event!


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Posts: 9855 | Location: Oregon | Registered: 06 June 2005Reply With QuoteReport This Post
Serial origamist
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quote:
Originally posted by Bernard:
quote:
Originally posted by jon-nyc:
Jodi - imagine a conference handing out knock-off Disney characters to all their attendees. Pretty easy to imagine getting a nasty letter from a Disney attorney at a minimum.


To the original question, I agree fully with Quirt on this. Calling the guy seems to be the right way to go.


But Disney is a corporation and corporations are by definition (according to some), greedy. Mister Raspberry, on the other hand, probably has a conscience.
And a sense of humor -- something corporations (or at least corporate lawyers) seem to lack.


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pj, citizen-poster, unless specifically noted otherwise.

mod-in-training.

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Posts: 30040 | Registered: 27 April 2005Reply With QuoteReport This Post
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