Q: Can I make and sell model cars that are based on a famous Indianapolis 500 car?
A:
This would be risky if you did not have the permission of the car designer and/or driver. The care could be covered by a design patent. Also, there is a somewhat famous case in which someone who did exactly what you propose was found to have violated the "right of publicity" of the driver. In Motschenbacher v. R.J. Reynolds Tobacco Co., 498 F.2d 821 (9th Cir. 1974), the court found that infringement had occured because the design of the race car was so famous, that it was associated with the personality of the driver.
Paul Overhauser
317 891-1500
www.overhauser.com
2 users found this answer helpful
A:
This would be risky if you did not have the permission of the car designer and/or driver. The care could be covered by a design patent. Also, there is a somewhat famous case in which someone who did exactly what you propose was found to have violated the "right of publicity" of the driver. In Motschenbacher v. R.J. Reynolds Tobacco Co., 498 F.2d 821 (9th Cir. 1974), the court found that infringement had occured because the design of the race car was so famous, that it was associated with the personality of the driver.
Paul Overhauser
www.iniplaw.org
www.overhauser.com
317- 891-1500
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
