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Copy law


Marion

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Guest OldGlory

I live in TN and the laws might vary slightly from state to state, but I would like to share a story with you.

There was someone at a huge local flea market selling something (might have been hand towels with the local college team logo on it) and somehow she was reported. Whatever group has authority over this showed up and confiscated all of her merchandise. All that work, all the cost of materials, and it was gone in a second. It's not just a matter of getting fined, they can take it all away from you. Be very careful when dealing with copyrighted or trademaked logos.

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I used to know a flagmaker who used Disney and sports teams logos and images; characters. She would painstakingly secure permissions for each image before she would use them. She said it could take months. Don't know if that has changed. I believe there are fees involved too.

Edited by Candybee
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  • 1 month later...

A fragrance is technically a formula and yes it can be copyrighted. A dupe of a popular fragrance or perfume is not an exact copy but carefully simulated to smell the same.

 

Now, these are actually 2 different things. Yes, I totally agree that a formula can be copyright protected (I am not sure if they actually are, or if they are just 'owned'). A fragrance or scent cannot. There was recently a Lancome (L'Oreal) lawsuit regarding this exact issue (specifically suing a company for making a knockoff of Tresor, although not keeping that name) and L'Oreal lost. If they can't enforce copyright law in relation to fragrance and win with all of their company money, it is pretty safe to say it is not enforceable under copyright laws.

 

Copyright laws protect an intellectual work that is precise and clearly identifiable. It has been ruled in court (in this particular case) that fragrance is subjective, neither precise nor clearly identifiable. You can google the case to read more legal jabber on the topic, but as it stands, no fragrance in and of itself is going to be copyright protected. Just wanted to clear that up :)

 

But absolutely, names and logos/likeness are copyright protected and legally actionable.

Edited by jbrooks
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