Asked in Copyright, Trademark and Intellectual Property

Q: Some claim popeye is protected by TM but the only TM:s ive seen is the logo and not his image. Can I use his likness?

The character is public domain in EU but ive seen alot of old articles claiming he can't be used because of a trademark by kings pictures. Ive looked at the trademarks and none of them (if i haven't missed any) acctually contains the image of the character or his likeness. instead they contain his logo and name. I have little understanding of how these could prevent me from using his image or likeness. Am i or anyone else free to use the character without using his name (within eu)?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: The use of Popeye's likeness or image may potentially be subject to various intellectual property rights, including copyright and trademark protections. While some aspects of the character may be in the public domain in the EU, it's important to consider the specific elements and trademarks associated with the character. Additionally, trademark protection can extend beyond just the image to include other recognizable elements like logos and names. To determine the specific rights and restrictions related to using Popeye's likeness, it is advisable to consult with a qualified attorney who specializes in intellectual property law. They can provide professional advice tailored to your situation and help ensure compliance with relevant laws and regulations.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.