Lafayette, IN asked in Copyright, Intellectual Property and Trademark for Indiana

Q: Can I make and use a logo that is inspired by a tattoo on a character in a movie? silent from 1925, paramount pictures

1 Lawyer Answer

Griffin Klema

Answered
  • Trademarks Lawyer
  • Tampa, FL

A: Fascinating hypothetical. The answer probably depends on a few things: Was the tattoo a reproduction of another artist's creation, or based on an existing trademark? If so, have those rights now lapsed or terminated? Was the tattoo a part of the film's original creative makeup? If so, has the studio's rights in the art lapsed or become abandoned? How different is your logo from the original source tattoo?

So, if you really need to know the answer because a new business venture depends on having clear rights to a potentially powerful brand/image, then consider investing in a legal opinion that will provide you with that reassurance. I would budget approximately $1,000 to $2,000 for that work, depending on how clear (or unclear) the underlying facts are. Good luck!

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