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Can I use a quote like "if you can dream it, you can do it" -- Walt Disney.
Anonymous4 views4 answers
I have a brand character developed. This character is the focal point of my tshirt start-up. This character will be in involved in many different situations and one of these situations would be best described using Walt Disney's quote of "if you can dream, you can do it". Is this something I can use without permission? If so, would it be better that I do or do not reference that quote to Walt Disney on the tshirt itself?
Adam William VellaLimited Liability Company (LLC) LawyerNorth Chelmsford, MA ·
This has been answered here before with good information: http://www.attorneyqna.com/legal-answers/can-i-print-quotes-from-poets--movies--disney--and-46906.html
You need more than reference to Disney. You need permission. Disney will very likely come after you with vengeance. Before you take off with this new business venture. consult with an IP attorney and do not try the self help of using . You need specific guidance and the knowledge only a skilled IP attorney can give you.
Set up your business properly from the beginning or risk serious loss down the line.
I don't know what you mean by a "brand character."
Quotes aren't copyrightable, so you're free to use quotes, but some quotes are trademarked for particular goods or services, and with legal questions, the answer depends totally on the facts. The trademark law issue here is that if your "brand character" or any goods or services using that character implies endorsement by or afiliation with Disney or any of the Disney properties so that consumers could be confused as to the source of those goods or services, that's trademark infringement.
The only product you've mentioned is a tshirt, and DIsney owns multiple TMs for class 25 clothing, including tshirts, so the issue has to be analyzed with your specific goods or services and those that your use could infringe.
You need to see your own IP lawyer before doing anything.
You probably can use that quote if you do not otherwise have any implied connection to Disney and you provide a suitable disclaimer. If your "character"is at all reminiscent of a Disney character, you almost certainly cannot do this without permission.
You can't seriously be considering this without seeing trademark lawyer. you should not be going into business at all without seeing a business lawyer first.
