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Q: LITERARY RIGHTS TO "CHARLIE CHAN" ( Answered,   0 Comments )
Question  
Subject: LITERARY RIGHTS TO "CHARLIE CHAN"
Category: Arts and Entertainment > Books and Literature
Asked by: vsc-ga
List Price: $20.00
Posted: 25 Nov 2002 09:50 PST
Expires: 25 Dec 2002 09:50 PST
Question ID: 114259
WHO OWNS THE LITERARY RIGHTS TO THE FICTIONAL CHARACTER;"CHARLIE
CHAN", CREATED BY EARL DERR BIGGERS?  NOT MOTION PICTURE RIGHTS. NOT
IMAGES. AT ONE TIME IN THE 1960'S THE LITERARY RIGHTS WERE HELD BY MR.
DERRS'S WIDOW; ELEANOR BIGGERS COLE. IS THIS CHARACTER IN THE PUBLIC
DOMAIN?
Answer  
Subject: Re: LITERARY RIGHTS TO "CHARLIE CHAN"
Answered By: darrel-ga on 27 Nov 2002 12:09 PST
 
Hello--

I have carefully researched your question and have your answer.

And it's some bad news, if you're looking to trademark this name. It
is not in the public domain.

I searched the database of the U.S. Patent and Trademark Office. I
searched active patents and found that the name "Charlie Chan" has
been trademarked by:

4Kids Entertainment, Inc.
CORPORATION 
NEW YORK 
1414 Avenue of the Americas 
New York NEW YORK 10019

This company has a web site. The link is
http://www.4kidsentertainment.com/home/home.html

I know you were asking specifically about use of the printed word
"Charlie Chan," so I was careful to look specifically for that
information. 4Kids Entertainment holds the trademark to the printed
word "Charlie Chan." Below is the exact trademark and word mark rights
this company holds. Pay special attention to the fifth rule down. It
discusses how 4Kids holds the trademark for "Charlie Chan" with
regards to books, cards, posters, and etc.

"Word Mark CHARLIE CHAN 
Goods and Services IC 029. US 046. G & S: milk, dried fruits, roasted
nuts, potato chips, jelly, frankfurters, and Chinese food, namely,
canned and processed vegetables, and frozen meals consisting primarily
of meat, fish, poultry, or vegetables
IC 030. US 046. G & S: ready-to-eat breakfast and processed cereal,
ice cream, cookies, cakes, noodles, tea, mustard, duck sauce, ices,
cereal-based snack food and chewing gum

IC 009. US 021 023 026 036 038. G & S: prerecorded audio and video
tapes featuring detective stories, motion picture excerpts, and motion
picture soundtracks, eye glass frames, and video game cartridges

IC 014. US 002 027 028 050. G & S: watches, clocks, and jewelry

IC 016. US 002 005 022 023 029 037 038 050. G & S: detective mystery
books, children's books, comic books, coloring books, trading cards,
playing cards, posters, calendars, sheet music, stickers, printed
paper invitations, removable decal tattoos, photograph and scrapbook
albums, and writing instruments, namely, pens, pencils, and markers

IC 018. US 001 002 003 022 041. G & S: back packs, umbrellas, luggage,
wallets, and purses

IC 021. US 002 013 023 029 030 033 040 050. G & S: lunch boxes, tooth
brushes, drinking glasses, and dishes

IC 024. US 042 050. G & S: table linens not made of paper, towels, bed
linens, textile placemats, and curtains

IC 025. US 022 039. G & S: wearing apparel, namely, T-shirts, pants,
shorts, shirts, ties, underwear, jackets, dresses, sweat shirts, sweat
pants, mittens, gloves, skirts, sleepwear, sweaters, belts,
suspenders, footwear, and headwear

IC 028. US 022 023 038 050. G & S: toys, namely, dolls, jigsaw
puzzles, toy balls, cars, ice skates, roller skates, toy guns, checker
sets, chess sets, Christmas tree decorations

IC 041. US 100 101 107. G & S: entertainment services, namely,
production of motion picture films, and television and radio programs"
 
You may view this information online at the "U.S. Patent and Trademark
Office" website. The link is http://www.uspto.gov/

When you go to this site, click on the button for "Trademark." Then
click on "Search Trademarks." Click on "Free Form Search." Then in the
box, enter "Charlie Chan" Make sure you put it in quotation marks. You
may then click on the different times Charlie Chan has been
trademarked. The first one on the list is the active one.

This, of course, does not mean you may not use the name "Charlie
Chan." It simply means that when you do use the name, it must be
accompanied by the trademark symbol.

I hope this helps. If you need any clarification, please don't
hesitate to ask.

darrel-ga

Request for Answer Clarification by vsc-ga on 05 Dec 2002 09:50 PST
THANKS FOR YOUR RESEARCH. MY ISSUE IS USE OF "CHARLIE CHAN" AS MUSICAL
COMPOSITION AND WHETHER RIGHTS ARE REQUIRED FOR SUCH USE. YOUR
THOUGHTS? MC SONGS

Clarification of Answer by darrel-ga on 05 Dec 2002 15:40 PST
Thanks for your clarification request.

I suspect you mean you'll be using the words "Charlie Chan" in a song
you're writing. Is this correct?

How many times will you be using the words "Charlie Chan"? How big a
part of the song is the use of these words?

This will help me answer your clarification request.

Thanks,

darrel-ga
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