Re: Limited use of a copyrighted character?
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Posted by M. Arthur Auslander on July 13, 2003 at 05:50:14:
In Reply to: Limited use of a copyrighted character? posted by Sean Smith on July 12, 2003 at 07:04:48:
: Hi, I was wondering if someone had the answer to this question: if a character in an author's fictional work has some limited attribute or connection with a trademarked or copyrighted character, is this in any way copyright infringement? For example, say a fictional detective in a whodunit novel has the nickname "Ronald" because he bears a physical resemblance to Ronald McDonald (or maybe he has a tatoo of Ronald McDonald on his arm). In the novel, McDonald's and Ronald McDonald are in no way depicted and have no involvement other than to furnish the main character with the origin of a nickname. Is this treading on unsafe ground? Thanks for any feedback,
: Sean Smith
Dear Mr Smith,
There are too many ramification for short answer.
M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
3008 Johnson Ave., New York, NY 10463
E arly L egal A dvice I s N ot E xpensive™
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