Discussion:
What is the name of your state? Massachusetts
There is a fan magazine that came out in the 50's and discontinued publication in the early 80's.
The trademark was abandoned until someone acquired it in the early 90's and started releasing another magazine under the same name.
The new publisher and the old publisher have nothing to do with each other.
Can I use the cover images of the original publisher on T-Shirts and Coffee Mugs and the like to make a profit, or do I need to get permission to do so?
Also, I would like to use images of the Frankenstein monster, Dracula, etc. for the same purpose. I'm pretty sure I would need to get permission for this, but if I recreate the images with my own artwork making them unique to me would I still need permission?
Answer:
Magazine copyrights are good for 75 years. You will need permission. You can sell pictures of monsters and vampires, just don't call them by the more popular names.
Answer:
by saying it's okay to use pictures of monsters as long as I don't call them by their popular name, are you saying i can use actual photo's of bela lugosi as dracula and boris karloff as Frankenstein as long as i don't say "dracula" and "frankenstein"?
my plan would be to have my trademark logo on one side of the coffee mug and the picture of Lugosi as Dracula on the other.
i should have made my initial question more specific.