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If I were to recreate a water bottle that I saw in a movie by making it an actual product and reselling it would that be legal?

Los Angeles, CA |

It was an animation movie.
It would not be using an image, I would just be making a water bottle in the same color scheme that would have the same words/font as the one that I saw in the movie. The words do reference the movie but the exact words themselves are very generic, and I feel like it would be difficult for someone to own the rights to them.

Attorney Answers 3

  1. It appears that you want to take an existing image and create it in a different medium. It is possible that recreating it would not infringe any rights, if your creation is a new and an original form of expression. But if the words imply or reference the movie as a source, you may have trademark or licensing issue.

  2. See my response to your identical question.

    The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.

  3. Interesting question. From what I gather, you want to take a fictional product portrayed in an animated movie and actually produce it commercially.

    The first round of legal clearance I would do is:
    - Does that movie or its producers have any merchandising interest in the product?
    - Would you be using any copyright protected or patent protected (unlikely) elements in your product?
    - Big question: trademark rights. Will the name of your product "recall" that movie? What are the movie producer's trademark rights in the movie, and/or elements within the movie. For example, the cartoon "Mickey Mouse" is now the basis of a multi-billion entertainment franchise, and a brand used on everything from shoes to theme parks.

    Good question. If you have a business plan or product development plan you'd like to run by me, don't hesitate to get in touch.

    David N. Sharifi, Esq.
    Attorney at Law
    Intellectual Property | Entertainment Law | New Media
    8052 Melrose Avenue
    Los Angeles, CA 90046
    O: 310.751.0181| F: 310.882.6518 | | @latechlaw

    This content is a discussion of legal issues and general information; it does not constitute legal advice and should not be used as such without seeking professional legal counsel. Reading the content does not create an attorney-client relationship.