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
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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.

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