#STAR WARS R2D2 IS IN TROUBLE GAME RULES HOW TO#
#STAR WARS R2D2 IS IN TROUBLE GAME RULES REGISTRATION#

I was looking at trademarks for a client the other day who has a Darth Vadar themed candle.

#STAR WARS R2D2 IS IN TROUBLE GAME RULES HOW TO#

How To Do Trademark Searches To Find Out If Your вЂњClassвЂќ of Products Is Protected By Trademark That said, even though something might not be in a trademarked class, it could still be protected by copyright. This is why you will sometimes see weird things called вЂњChristmas DecorationsвЂќ even though they are not really Christmassy because that is not a protected class. For example Class 25 covers вЂњClothing, footwear, headgear.вЂќ so if a company doesn't have a trademark in that class on those types of items, you COULD use a common term for making products in that вЂњclassвЂќ. Trademarks also have вЂњ classesвЂќ that cover what types of products they are protecting. If it is a dead trademark that kind of product is no longer protected. That means that trademarks can be вЂњliveвЂќ or вЂњdeadвЂќ when you do a trademark search.

#STAR WARS R2D2 IS IN TROUBLE GAME RULES REGISTRATION#

A trademark registration can also last forever вЂ“ so long as you file specific documents and pay fees at regular intervals.вЂќ source Therefore, a trademark can last forever вЂ“ so long as you continue to use the mark in commerce to indicate the source of goods and services. Trademark rights come from actual вЂњuseвЂќ (see below). Star Wars has 3,805 copyrights which include the movies, CDs, popup books and even the musical scores in the movies.ДЄccording to the trademarks office, trademark is вЂњa word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of othersвЂ¦Unlike patents and copyrights, trademarks do not expire after a set term of years.Marvel Comics has 274 copyrights such as the titles of the specific comic books, movies, and even coloring books and crayons.Additionally they would not be found without using Star Wars in the title or tags because the search volume for вЂњhothвЂќ is probably pretty darn low! Copyright & Trademarks For Star Wars and Marvel ComicsДЄccording to the Copyright office, copyright isВ вЂњa form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.вЂќ source

BUT no one would know about those places unless they were created by George Lucas in the first place. On the Etsy Facebook groups I follow I often find that Etsy sellers passionately trying to defend their use of trademarked materials by saying that they are making products that are вЂњinspired byвЂќ Star Wars or other notable properties.ДЇor example, those vintage travel posters ARE inspired by Star Wars in that there were never travel posters made in the films or books. There are 32,742 results for Spiderman on Etsy right now! etsy search for spiderman Here are some shocking numbers from doing an Etsy searchвЂ¦ The rest are living on the edge and could be busted at any time. Some have obtained licensing from Disney for these properties (not many I am sure because that is super expensive, but does happen). Why are they able to make products and you can't? That said, MANY shops are using these characters currently which can be very frustrating.

Please note: Baby Yoda is a protected character so do not make any products based on him!ДЄdditional Resource: Fans Sell Unauthorized Baby Yoda Merch вЂ“ Disney Calls Copyright Infringement Most are currently вЂњownedвЂќ by Disney which guards it's trademarks rigorously and could for sure cause problems if you get a cease and desist or trademark infringement through Etsy. In my post about avoiding problems with Disney characters I talked a lot about вЂњpublic domainвЂќ and the fact that many of Disney's stories are based on fairy tales that were written years ago (sometimes centuries ago) and which had fallen out of copyright and into the public domain.ДЄlmost NONE of the Star Wars or Marvel Comics characters will fall into this category. An Overall Warning About Using Marvel Comics and Star Wars In Your Etsy Products Please do not take my word for this, if you have a question, research it yourself or retain legal counsel. This post will break down things to be aware of, what you can and can't do and how to use your titles and tags to get found for these types of products.ДisclaimerвЂ¦ I am a marketing person, not a lawyer.

If you are an Etsy seller and want to avoid getting your shop shut down, you need to know the вЂњrulesвЂќ of using Marvel Comics and Star Wars characters in your products.

Star wars r2d2 is in trouble game rules