Q: Is it legally allowed to sell goods such as clothing items with the phrase "Spidey sense" on them?

Those clothing items do not include anything else that might be related to "spider-man". the clothing items only have the phrase "Spidey sense" and graffiti designs that are free to use on them.

1 Lawyer Answer
James L. Arrasmith
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A: Selling clothing items with the phrase "Spidey sense" on them may potentially raise legal issues related to trademark and copyright. "Spidey sense" is a term associated with the fictional character Spider-Man, a trademarked and copyrighted character owned by Marvel Comics, which is a subsidiary of Disney.

While your clothing items may not directly feature Spider-Man imagery, using a phrase that is closely associated with a well-known character may still be considered trademark infringement or trademark dilution. This depends on various factors, including how consumers might perceive the use of the phrase and whether it could create confusion with the Spider-Man brand.

It's important to note that even using the phrase with graffiti designs that are free to use might not necessarily absolve you from trademark or copyright issues, as the primary concern is how the public might interpret the use of "Spidey sense."

To ensure legal compliance, it is advisable to consult with an intellectual property attorney who can assess your specific situation and provide guidance on whether your intended use of the phrase "Spidey sense" is legally allowed or if it could potentially infringe on existing trademarks or copyrights.

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