Discussion:
What is the name of your state? Kansas
I am thinking of selling some customized artwork for children's parties such as banners and stickers that say "Happy Birthday <Name>" using colors, shapes and fonts that resemble the logo that matches the theme of a given party.
1. Is this a copyright/trademark infringement?
2. Is it safe to market the art using the name of the theme? (i.e. Customized Birthday Party Banner Art - Spiderman, etc.)
Thanks!
Answer:
1. Is this a copyright/trademark infringement? Copyright infringement? No. Trademark infringement? Maybe, depending on what exactly you are doing, and whether or not someone has claimed trademark protection in what you are doing. So, for example, if you are using red and blue colors in your fonts, it's unlikely that whoever owns the Spiderman franchise has a trademark in the colors. Add webs, and talk about spidey-senses or something, now you are treadingon dangerous ground.
That said, the only way to know for sure if what you are doing is going to be okay will be to talk with someone knowledgeable in trademark law and who can review ALL of the relevant facts of your situation. This type of stuff is entirely too fact-dependent to give you more than an "it depends" answer.
2. Is it safe to market the art using the name of the theme? (i.e. Customized Birthday Party Banner Art - Spiderman, etc.) No. Using someone else's trademarked name or logo to advertise business is a sure-fire way to get yourself noticed and sued for trademark infringement -- especially if your ads are online.
EDIT: Of course, if you obtain permission to use the stuff, then you can go ahead and do this with no worries.