Legal Question in Intellectual Property in Utah

My sister wants to start a nail polish company. She wants to use direct quotes from TV shows for the names of the polishes. Is this breaking any copywrite laws?

Asked on 11/28/12, 2:14 pm

2 Answers from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Probably She will need to see if the names have been copywrited. Often a TV show copywrites the names in context of the show. If the name is generic such as "Jenny's Polish" she could use it. If it is reasonably clear that the name refers to a TV character then it is likely copywrited.

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Answered on 11/28/12, 2:23 pm
Robert Gurr Gurr Brande & Spendlove, PLLC

It's actually a fairly complex question. Depending on each quote taken, as one of the elements of copyright infringement is the extent and nature of the work used as compared to the whole. So how recognizable is the particular quote from the movie, and is anything else from the movie being used to make an association? A copyright lawsuit was filed last month that was based on about 7 words taken from a movie, where they even credited where they took it from. It may be fair use, but the point is that they'll have to defend themselves to prove it. You'll have to analyze the risk.

Please feel free to give me a call for a free consultation.

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Answered on 11/28/12, 3:11 pm

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