Fallbrook, CA asked in Intellectual Property, Patents (Intellectual Property) and Trademark for California

Q: Would it be possible to produce, sell and protect a "fake" product, not registered which was featured on an SNL Parody?

While watching a popular late night show, they featured a sketch of an infomercial for a fake product which does not appear to be in production, on sale anywhere and does not show up in a Copyright search, Trademark Search or Patent Search. Prior to obtaining formal legal counsel I would like to determine if it the "fake" product would be considered copyright or IP or just the video and sketch itself. i.e. Could I produce the product that is featured in the video which is more of a "joke product", market, sell and protect it or could the parent company of the show taken action against me?

1 Lawyer Answer
Bill Hulsey
Bill Hulsey
  • Trademarks Lawyer
  • Austin, TX

A: It is possible, but likely that you would need to obtain NBC legal approval. I recall that "Land Shark" halloween costumes have been made. That image and art is an NBC property.

With the right incentive, a deal could be crafted.

Tim Akpinar agrees with this answer

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