Legal Question in Intellectual Property in California
Can I start a hot dog only restaurant with famous dog caricatures as their name sake and display their photos on the wall without permission...deputy dawg,pluto,underdog,etc....?
Asked on 6/04/10, 2:58 pm
2 Answers from Attorneys
Terry A. Nelson
Nelson & Lawless
Sure, as long as you get consent from any the holders of any copyright and trademark rights, or risk getting sued by them. .
Answered on 6/07/10, 1:26 pm
Trezanay Atkins
tmalaw llc
No. Someone created those caricatures. The creator holds the copyrights in their creative work, which means the creator has the sole right to display them AND the right to sue anyone who displays them without getting permission.
In sum, you can start a hot dog restaurant, but if you want to use caricatures drawn by anyone other than yourself, you must get permission.
Answered on 6/07/10, 1:27 pm
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