Putting aside rights of publicity concerns for Ron Paul and the rights of the person who took his photo that I used for his image, is it likely I will run into IP issues because of the shirt's connection to Star Wars? (I also will not use any trademarked words in the advertising for the shirt, such as Jedi)-----------------------------------------------http://i304.photobucket.com/albums/nn169/NPXlTaco/rpfear%201.jpg --------------------------------The two things I am concerned about are:
1) The hood might remind people of jedi robes from Star Wars. If it's just the hood as it is now, I thought I'd be fine.
2) The quote is adapted from a quote from Yoda in one of the movies, where he says "Fear leads to the path of the dark side." Since I've changed this slightly, I don't think it has any words or phrases that have been trademarked. If this is the case, is it likely that I'm fine?
This site is not designed for other than general legal questions. None of the responders are your attorneys and so advice given to you is not specific to your issues. However, given that you already know that you have serious issues with your product, your question reminds me of "other than that Mr. Lincoln, how was the play?" If you want to market this item, retain the services of IP counsel to review ALL of the issues, not just the ones you want to focus on.
There are many issues raised by your picture that require a full analysis by an experienced IP attorney.
As my colleagues have indicated you have a number of IP issues here.
All of these issues need to be addressed by an experienced IP attorney in a private consultation.
Legal Disclaimer- the information provided herein is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney / client relationship. Although effort has been made to ensure that the answers are correct, Law Office of Walter Tencza Jr. cannot and does not offer any warranty, express or implied that the answers contained are accurate statements of law. This document is provided for informational purposes only. Viewers must not act upon any information without first seeking advice from a qualified attorney outside the context of this document.
Your social or political commentary on Paul is really not your problem an given you are just using his face it is unlikely you would run into copyright issues here although that is possible. Your big concern is the association with the Star Wars enterprise. In this context you are not offering a parody on that work, its creator or its message. You are merely using their theme as a delivery device to help sell you product, which will be seen as an infringement. In other words, the market is motivated to buy your product exactly because of its connection to Star Wars. The analysis does not have to boil down to a strict trademark one. If you present a false association, endorsement, sponsorship or other affiliation they have a claim against you. So, I just took at quick glance and am offering no conclusions here of course.
If you are taking it seriously, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed with the law firm of Natoli-Lapin, LLC on the basis of this posting.
You will have serious Trademark and copyright infringement liability concerns and will likely be contacted and potentially sued by Lucas films. If you are serious about this endeavor you will need clearance advice from an experienced Trademark and Copyright/IP infringement attorney.
For more detailed advice, I recommend that you retain an experienced Trademark and Copyright/IP attorney to advise you in confidence about your options and potential costs. Many IP specialty firms, like ours, offer an initial free conference by telephone, video conference or in person if you are available locally and would be happy to speak with you. Call and speak with an experienced IP attorney who can assist you.
Mr. Sack's postings on Avvo are of a general nature, based on the facts provided and are not intended to be taken as legal advice or to establish an attorney-client relationship.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline