Asked in Copyright

Q: If I make a comic (not main) character based on a brand and named him something+Brand and publish it could I get sued?

Lets say I want him to have an oreo shaped body and human limbs, and then name him Peter Oreo or something. Am I at risk of getting sued if I publish a fictional comic with this sort of character among its cast?

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2 Lawyer Answers
Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Intellectual Property Lawyer
  • Mesa, AZ

A: I would not do it.

Too much risk.

The more it looks, sounds, it is named after an established brand name the more you open to problems.

Consult with an attorney!

Tim Akpinar agrees with this answer

1 user found this answer helpful

Allison Higgins
Allison Higgins
Answered
  • Intellectual Property Lawyer
  • Helotes, TX

A: This is a tricky situation. Although you most likely would not be allowed to do it, you may be able to under the parody exception of the fair use doctrine depending on the nature and message of your comic. However, parody is a very tricky thing and quite honestly the courts are very back and forth on it.

I would highly recommend getting a full analysis and opinion by a copyright attorney before moving forward.

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