The foregoing answer represents general information only and does not constitute legal advice. The good news, I suppose, is that some (but not all) trademark claims may be covered by insurance. Seuss, then the Geisel Estate could bring a Lahnam Act trademark claim based on claimed wrongful association with Dr. That is, if the intended phrase is well known and associated with Dr. On another matter, this likely infringement not only involves copyright but may also involve trademark, as well. So, if you guess wrong about this planned use and end up being sued, plan on emptying your piggy bank. Also, copyright claims are usually not covered by insurance. Second finally, the Geisel Estate has filed lawsuits in the past to protect the Dr.
No idea from your limited information if fair use may or may not apply. Generally, fair use involves comment, criticism, parody, or some other transformative use. But if the copied phrase is material, recognizable and perhaps the essence of the particular story or its characters, then there may be infringement here.įinally, if there is copyright infringement, then you may be off the hook if your use of the phrase is deemed "fair use." You do not provide any information to determine whether the intended use is or is not fair use. If the phrase is something generic, not recognizable and not material, then it is true that copyright law does not cover these words and short phrases. Third, you do not indicate what phrase you are referring to that will be printed on the t's. Second, it does not make any difference whether or not you are "selling" the t's because copyright law protects wrongful "copying" in addition to wrongful distribution. First, I do not understand why you are saying that you are not selling the t's? Are you printing them and gifting them for free? Is it not the case that money is changing hands?
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