Trademarked Characters Question

[phyrebox]

Hi All, I'm sure it's been asked before, but I couldn't find the answer or post searching in the forum. I'm hoping the community can help.

I'm still developing my site, but while looking up products and reading about fan art, I read about people facing legal issues selling products with trademarked character images on it. My niche is based around fans of a specific video game. Am I putting myself at potential risk of legal issues if I sell these products (for example a mug with the image of Mario or a mushroom on it)? If I add a legal disclaimer, stating that I don't claim to own the image or art and reference the original company that owns the trademark, would that help avoid any issues?

Please help, I feel stuck now thinking that I may have to completely change my entire business. Any help is appreciated.

[BrianAtWork · Accepted solution]

Hi @phyrebox,

I understand that you're developing a store that sells products with trademarked characters on them.

Indeed, you are putting yourself at potential risk of legal issues if you sell those products.

A legal disclaimer and a reference to the original company that owns the trademark will not protect you. There are no such protections aside from getting express written and signed consent (a license) from the trademark owner.

I know this is probably disappointing news, but actually it's a good thing for you. Rather than feeling stuck – you should feel empowered to go find an even better problem to solve for video gamers.

Feel free to reach out to me if you ever want to chat about product ideas for your niche.

Cheers!

[phyrebox · Accepted solution]

Yes, I have so many questions now. Should I email you a list or send it all here? I wonder what is and is not okay to sell now for this niche.

[BrianAtWork · Accepted solution]

Shoot me an email – I'll send you a PM now with my address.

If you are okay with it, I may post the answers back here for the benefit of the community.

Talk soon!

[phyrebox · Accepted solution]

Yeah, absolutely you can repost it for the benefit of everyone in the community. I'll send you an email with questions in a few.

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