Q: Can I use names like Beaty and the Beast or other Disney movies names in titles for selling products like ribbons?

A: A quick Trademark search for Beauty and the Beast on the USPTO website shows that a few companies have registered trademark rights for variations of the title. In addition to trademark issues, you would also be dealing with copyright issues in this case. Trademark laws prohibit engaging in unfair competition by diluting or copying another’s trademarks, and U.S. Copyright laws state that only the work’s “author” has the right to reproduce, distribute or make “derivative works” of the work.

If someone else owns the Intellectual Property of something you are trying to sell, it is best to either pick another name or see if you can license the name from the company who owns the Intellectual Property.

There are exceptions to the trademark and copyright rules, some of these exceptions are known as “fair use" which includes parody and news reporting. However, if you are making money by using someone else's work, this will not be considered fair.

If you are wondering how many people are getting away with this by selling their products on Amazon, Ebay or Etsy, this could be due to a few reasons: 1) they're so small and making so little money that they are not on anyone's radar, or 2) the companies who own the intellectual property is not policing their IP rights properly.

By using someone else's Intellectual Property without their consent, can run a risk of litigation. Feel free to contact us so we can get more details on what exactly you're trying to do, and to see if there are any exceptions that might apply in your case.

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