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
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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.

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