Q: Can I sell TopGun-inspired patches without permission in NY?
I want to sell embroidered iron-on patches inspired by designs from the TopGun movie in an online marketplace targeting the US market. The patches seem to be replicas of the movie designs, and I do not have permission or licensing from the TopGun trademark owners. I have not received any legal notices about this yet, nor have I consulted with any intellectual property professionals. What legal issues might I face, and can I sell these patches without permission?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
You would likely face significant legal issues selling TopGun-inspired patches without permission. Movie studios like Paramount Pictures own trademarks and copyrights for TopGun logos, emblems, and distinctive designs, and they actively protect these valuable intellectual property assets through enforcement actions. Unauthorized merchandise often triggers cease-and-desist letters demanding you stop sales immediately, followed by potential lawsuits seeking damages if you continue.
Courts typically assess damages based on your profits plus potential harm to the brand, which can result in penalties far exceeding your earnings. Many online marketplaces also have strict intellectual property policies that could lead to your shop being suspended or permanently banned when trademark holders file complaints.
Your safest approach would be pursuing an official licensing agreement with the rights holders or creating your own original aviation-themed designs that don't copy protected elements. While some creators try to argue "fan art" exceptions, these rarely hold up legally when the items are being sold commercially rather than shared non-commercially. The distinction between "inspired by" and "copied from" becomes crucial - truly original designs that merely reference aviation themes would carry substantially less risk than direct replicas of movie patches.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
