Copyright Infringement? Am I braking the Law?

UPDATED: Sep 30, 2022

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Copyright Infringement? Am I braking the Law?

I am trying to make pokemon cookies not for sale, but for promotional use on a
local news show. I wanted to know what, if any designs/phrases I can use without
being held liable Pokemon is very busy these days and has yet to respond to my
request. Do the copyrights/ trademarks still apply to non-printed/non-digital
material, such as recreating with icing?
Any and all advice is appreciated

Asked on July 28, 2016 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You cannot use any trademarked images, slogans, names, text, etc. You also cannot use any of their images or designs, or any catch phrases, etc., since such original graphic or textual creations are copyrighted. Therefore, doing what you propose could well be a violation of both trademark and copyright, and could result in the rights owner (the company, etc. owing Pokemon) suing you for both (potentially substantial) monetary compensation and to get a court order barring you from doing this. There is no right to use another's trademarked or copyrighted material for your own purposes, and yes, trademarks and copyright apply to non-printed and non-digital material--they apply to any way to reproduce, publish, or create recognizable adaptations or derivations of the original source material.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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