Is there a lawyer in the house?

25 March 2019, 10:10 AM

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?

25 March 2019, 10:52 AM

QuirtEvans

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.

25 March 2019, 11:17 AM

pianojuggler

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.

25 March 2019, 11:41 AM

jodi

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.

25 March 2019, 12:58 PM

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.

25 March 2019, 01:30 PM

QuirtEvans

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.

25 March 2019, 01:33 PM

pianojuggler

Mister Raspberry answered my text haling him. I sent him the question. I'm waiting patiently for a response.

25 March 2019, 01:56 PM

pianojuggler

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.

25 March 2019, 02:10 PM

Nina

Nice. He sounds like a cool guy.

25 March 2019, 10:20 PM

jodi

Nice of you to call him. Glad he said yes!

26 March 2019, 12:53 AM

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.

26 March 2019, 10:59 AM

AdagioM

This is a perfect outcome, and it’s based on person to person contact. I love it. Have fun with your event!

26 March 2019, 11:00 AM

pianojuggler

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.