Asked in Copyright and Trademark

Q: Is it legal to use a company name that is used in a cartoon? Would I be able to sell stickers using that name?

I want to print t-shirts using a name that is featured in a cartoon series. To be more specific, the series South Park is having one of their characters running a farm called Tagridy Farms. Would I be allowed to use that name? I've searched for trademark registration in regards to the subject, but haven't found anything specific.

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1 Lawyer Answer

A: What a fun issue!

The short answer is "maybe." It is possible this name is protected under copyright law and/or trademark law. Copyright law protects tangible expressions, and that includes characters and sometimes fictional places. Here, the folks at South Park would probably take issue with you starting a business around Tagridy Farms. If you filed a trademark here, I would wager they would send you a letter asking you to stop.

Then again, Matt Stone and Trey Parker might find it funny and let it slide. Who knows.

It is also possible that someone else is using the name but just hasn't registered it yet. Trademark rights vest when they are used in commerce, and are buttressed when supported a federal application. To get a full risk assessment, you should contact an experienced IP attorney.

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