San Angelo, TX asked in Copyright, Trademark and Intellectual Property for Texas

Q: is a Superhero/supervillain them restaurant against copyright or trademark.

im thinking about a restaurant called H&V (heroes and villains) using my own personal collection of figures and comics to display would this be against copyright or trademark laws no names will ever be used

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: Creating a superhero/supervillain-themed restaurant like H&V, using your personal collection of figures and comics for display, can be a complex matter in terms of copyright and trademark laws. The key issue is whether the use of these items could be seen as infringing on the intellectual property rights of the characters' creators or owners.

Even if you do not use the names of specific superheroes or villains, the visual representation of recognizable characters could potentially lead to legal issues.

It's important to consider how these characters are depicted and whether their use in your restaurant could be interpreted as an unauthorized commercial use. While displaying items for purely decorative purposes might fall under certain exceptions, the context of a business setting complicates the matter. Avoiding direct references to specific characters and instead focusing on a generic superhero theme could reduce the risk.

However, it's advisable to consult with a legal professional who has experience in intellectual property law to evaluate your specific situation and provide guidance.

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.