Legal Question in Intellectual Property in Massachusetts

Re: Copyright Law

Why do you say that what you've done is a

parody? Is the purpose of the publication of your cartoon

to make some fun of Disney or Warner Bros. (or Hollywood or

whatever) or is it somehow being used to sell something?

I want to be sure that your cartoons really are parodies as I and the law

understand parody.

True parody is "fair use" of copyrighted material and of trademarks are permitted,

legally as far as I understand, though I'd want to check on that statement.

However, to be more directly responsive to your

question, Warner Bros. may very well send you

a 'cease and desist' letter anyway, no matter

how weak their case, and Disney will almost

certainly do it if it comes to their attention.

Threatening letters are cheap and not illegal

even when the threat is essentially empty.

The trick is to have good advice to know when you

should heed the warning and when you can ignore it.

Disney especially is known for vigorous and almost

stifling protection of their intellectual property.

Using the name Bugz Bunnie isn't much of a change, and by itself,

would normally be an infringement of W Bros. rights, unless there

were, for example, parody use. In all cases, however, saying that

the character isn't endorsed by W.B. and isn't to be confused with

the real wascally wabbit should help.

I'd like to see your drawing(s) (fax to (617) 527-0050) and hear very

specific answers to the questions in the first paragraph before I'd feel

comfortable giving you usable advice. I'd also like to check a few things

including the history of what others doing similar things have had happen

to them in the past, in published court cases.

If you like, give me a call or e-mail answers to me

directly. If you're nearer Taunton than Newton, I

can recommend an attorney I trust who is more skilled

in this area, and there are plenty in the Boston area

more skilled than I.

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.

Newton, MA

02459-2509

[email protected]

tel. 617 527-0050.

Please let me know what you do, anyway, even if you don't come to me

for more advice or clarification.

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.

Re: Copyright Law

Fair use of copyright is altogether different from use of the trademarks. Here, you are contemplating using marks that are not only registered with the U.S. Patent and Trademark Office, but also qualify as "famous" under �1125(c) of the Lanham Act. This provision prohibits tarnishment and dilution of a famous mark. The statute is quite recent, and there is relatively little case law on the subject. It is by no means clear to me that parodies enjoy immunity from this statute.

If you need further information, please reply directly.

LDWG

Lawrence Graves

Fierst & Pucci LLP

64 Gothic Street