JSonnabend

[CuriousOne]

Hello,
I would like to know if using a TV show name on a poster I am designing violates any intellectual property rights.

For example, the character in the old TV show Kojak always had a lollipop in his mouth. If I were to create an art poster titled Kojak showing the word "Kojak" and a large lollipop on the poster, would I be infringing on anything in any way? (Let's assume that the TV show is current and not 30 years out of date, like Kojak.)
Thank you.

[Kaitlin]

It depends.  The main question is whether the public viewing the poster might think it was sponsored or otherwise affiliated with the trademark owner.  But, of course, the more famous the mark and wealthy the owner, the more likely that owner is to vigilantly go after suspected infringers.  (And note that trademark owners actually do need to go after true infringers or they can lose rights.)

Looking prospectively, however, you'll not only want to consider whether the use would be non-infringing in the final analysis, but whether it's so obviously non-infringing as a matter of law that you could get attorneys fees back if the owner did sue you. 

You might like to check out this article.

[Spielman]

Kaitlin is correct. You should ask consider why using a current tv show title with some benign object would sell a poster. In other words, do you think that anyone would not automatically associate that title with the actual show. Especially if it a recent show, there is a possibility the viewing public will know about it quickly. If you are looking to monetize the product, then you should strongly consider getting licensing agreements. The other option is to ask yourself whether or not the material could be considered a parody? (search this forum for more on that topic). If you want to seriously move forward with the business you shouold speak with an I.P. attorney.

Darren Spielman
www.ComplexIP.com

[CuriousOne]

Kaitlin and Spielman, thank you both very much for your advice. It was very helpful, and precisely what I needed to learn.

[JSonnabend]

On the other hand, you should ask also whether your use is actually a trademark use or perhaps more accurately considered an artistic use (speaking loosely).  If it's the latter, then the First Amendment might protect your use.  Think Warhol's Campbell Soup cans.

- Jeff