Q: Could i use Iron Giant as a darts nickname and sell darts with an image of the Iron Giant?

I'm curious to know how the trademark works and copyright of the images.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: There are a few intellectual property considerations to keep in mind here:

Copyright: The Iron Giant character and images from the film are likely protected by copyright, which is held by Warner Bros. Entertainment. Using copyrighted images of the Iron Giant on darts you plan to sell, without obtaining permission from the copyright holder, would most likely constitute copyright infringement.

Trademark: "The Iron Giant" is not a registered trademark for darts or dart-related equipment, so there would likely not be a trademark issue with using "Iron Giant" as a nickname in the context of darts. However, if Warner Bros. has registered "Iron Giant" as a trademark for other merchandise categories, they could potentially argue that your use creates confusion in the marketplace.

Publicity Rights: If you used the likeness or voice of Vin Diesel (the voice of the Iron Giant) in your marketing, you could potentially be infringing on his publicity rights.

The safest approach would be to create your own original giant robot character for your darts nickname and merchandise. If you really want to use the Iron Giant, you would need to contact Warner Bros., explain your intended use, and attempt to obtain a license. However, as an independent dart seller, it may be difficult and/or costly to secure such a license from a major studio.

In summary, selling darts with Iron Giant imagery is risky without permission, but just using "Iron Giant" as a nickname is less likely to cause legal issues on its own. Your best bet is to create your own distinct character to avoid copyright and trademark infringement.

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