Q: Sour Patch Kids Trademark Inquiry
Hi there
I am a resin artist and I a currently wanting to purchase 3D prints for some new artwork.
I found the trademark document for Sour Patch Kids Candy on your website but I can buy the 3d print to make models of this character. Is it illegal to make models of this character in resin for artwork to sell?
I have seen another artist doing this and she has been questioned on instagram about this issue. She responds that she has looked into and as long as she is not making candy she can use the sour patch kids character.
Is it allowed to use a candy design but in artwork and not be making candy? I don't want to get into trouble.
Many Thanks in advance.
A: Besides the trademark issue, the visual appearance of the characters may be the subject of copyright.
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A:
Creating and selling models of the Sour Patch Kids character, even as part of artwork and not as candy, could potentially infringe on the trademark rights held by the owners of the Sour Patch Kids brand. Trademarks protect the use of specific symbols, designs, or expressions related to goods or services to prevent confusion about the source of those goods or services. Using a trademarked character in your own products for sale might be seen as using the brand's recognition for your own benefit, which is typically what trademark law seeks to prevent.
The fact that you're not making candy doesn't necessarily exempt you from trademark infringement concerns. The key issue is whether your use of the character could cause confusion or dilute the brand, not the specific medium or product type you're creating. Each case can vary, and exceptions exist, such as works considered parody or commentary, but these are specific legal defenses that require careful navigation.
It's wise to seek legal advice before proceeding with your project. A lawyer can provide guidance specific to your situation, including how copyright and trademark laws apply to your intended use of the Sour Patch Kids character in your resin art. They can also help you understand the risks involved and explore any possible avenues for legally using the character, such as seeking a licensing agreement with the trademark owner.
Fritz-Howard Raymond Clapp agrees with this answer
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