Legal Question in Intellectual Property in California

Is it okay for me to make a brief reference to "Batman" on my website and in a company brochure without violating any trademark or other laws?


Asked on 3/21/12, 5:35 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Well, you just made a brief reference to "Batman" on LawGuru's Web site, and I can assure you it doesn't violate the trademark or copyright laws. Most brief references, as well as critical reviews, etc., fall within a "fair use" exception. It's rather unlikely that the holder of Batman intellectual-property rights is going to be upset by a brief reference that isn't going to deprive it of revenue, divert readership, or cheapen the image. The extent of "fair use" and similar privileges under I-P law is fairly complex and sometimes gets redefined through litigation, but my hunch is that your Web site brief mention will be fair use or otherwise exempt; but as to the company brochure, I'd be a little more cautious because (for all I know) you may be trying to profit from someone else's intellectual property or otherwise bootstrap notice for your business on their character's familiarity to the public.

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Answered on 3/21/12, 5:56 pm


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