I would like to market an item based on a character, one that has been
in the public domain for decades, but I need to find out of there is
any copyright on the character before I start. I need either a lawyer
or a service, fee based, that can answer this question for me.

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Request for Question Clarification by pafalafa-ga on 02 Oct 2005 11:27 PDT

If you're willing to post the name of the character here (remember: 
this is a public forum) we may be able to give you the answer.

pafalafa-ga

P.S.  You probably need to be just as concerned (maybe more so) about
trademarks as with copyright.

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Clarification of Question by awilson1776-ga on 02 Oct 2005 16:21 PDT

I would like to market a line of stuffed animals from the Rudolf The
Red Nosed Reindeer story/TV show.

Basically I need someone to give me legal advice or research to see if
these are owned or open to public domain.

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Request for Question Clarification by pafalafa-ga on 02 Oct 2005 19:33 PDT

Ay-yi-yi.


"Rudolph the Red Nosed Reindeer" is indeed copyrighted -- about 100 times over.  

Each copyright is distinct to a particular item -- a poem, coloring
book, story book, film, etc.


So...can you use the RTRNR name for a stuffed animal?


You MAY be able to, as long as the stuffed animal doesn't clearly
resemble an existing version of Rudoph from a copyrighted source, or
play the RTRNR jingle when you give its belly a squeeze.

However, with so many people out there having a vested interest in the
Rudolph name, you MAY ALSO be asking for trouble.

Not that they necessarily have more right to use the name than you do.
 But that doesn't always matter.  They might haul you into court just
the same, then you'll have to go through the time and expense to
hopefully prove you're right.

Even though the law MAY be on your side here, I wouldn't suggest going
forward with this without the services of a very knowledgable
professional in the field.


If you're looking for somewhat to contact for such professional
advice, let us know where you're located (city and state), and I'll be
glad to post some contact information as an answer to your question.

All the best,

pafalafa-ga

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Clarification of Question by awilson1776-ga on 03 Oct 2005 05:57 PDT

I am located in Bloomington Illinois. Yes I certainly do want
professional legal advice as I have searched and can find nobody who
is marketing what I want to market.

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Request for Question Clarification by pafalafa-ga on 03 Oct 2005 07:38 PDT

In Bloomington proper, your options are limited.

I would suggest starting with James Arkell, at Dunn, Willard, Arkell and Bugg:


http://www.dunnlaw.com/practice_areas.html

=====
Technology and Intellectual Property
 
The firm can counsel businesses regarding new developments in the law
involving technology and intellectual property and draft policies to
implement these changes.

The primary contact at the firm for technology and intellectual
property services is F. James (?Jim?) Arkell.  Mr. Arkell previously
worked as General Counsel for Retro Studios, Inc., Austin, Texas where
he helped found the company.  Retro Studios, Inc. is a software
development company which is now owned by Nintendo Company Ltd.  Mr.
Arkell can offer advice to businesses, as well as individuals, with
technology and intellectual property issues including, but not limited
to:

Licensing 
Copyright 
Trademark 

===============


This firm also has a lot of experience in copyrights, etc:


http://www.h2law.com/CM/PracticeAreaDescriptions/PracticeAreaDescriptions10.asp?pa=Intellectual%20Property
Howard & Howard Attorneys, P.C.


They have a satellite office in Bloomington, but it wasn't clear to me
if their attornies there have the expereience you're looking for. 
However, can't hurt to give them a call.



Let me know how these initial contacts work out.

Also, if you'd like additional contacts, I can certainly come up with
others.  Just let me know where, geographically, you'd like me to
concentrate.

Best of luck with your new product.


paf

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Clarification of Question by awilson1776-ga on 09 Oct 2005 15:14 PDT

pafalafa-ga 


You answered my question by providing links to lawyers/services that
could do the research for me. If you could post this as an answer I
can then pay you.

Unfortunately things have radically changed at the company where I
work in the past week (hence the delay in my response) and so I will
be seeing employment elsewhere in the next 6 - 7 months, so I will
have to put this project off until that is settled as this project
will be more complex than I originally planned. The reason for the
delay in seeking another position is to upgrade my computer
certifications and this requires much studying and test taking leaving
no time to pursue this project.




schott23-ga 

Though you did not directly answer my question you provided even more
useful information than the actual answer provided. I would also like
to pay you for your assistance at least the equal for the answer to
this question and would like some additionaly info, in particular,
guidance on how I go about getting approval to use the
trademark/copyrighted material - books, services, lawyers, your
experience..... I would still like to pursue this (if I can get
licensing) but after I move to another company.

If you are game I will  post another question for you to provide an answer to this.

Contacting an expert lawyer is definitely the way to go here, but if I
can throw in my two cents worth from the peanut gallery here.

As indicated, realize that Rudolph the Red Nosed Reindeer is NOT in
the public domain. The character was created in the late 1930s by a
department store; it's not some piece of ancient folklore or oft-told
legend that's long since passed into the public domain.

I'm all but certain that the copyright to the character has never
lapsed (though it may have been assigned from time to time) so you're
going to have to find and negotiate with the proprietor (or
his/her/its designated agent) in order to get the rights to do what
you need to do.

And then there's trademark, which is a whole other thing...

Anyway, good luck to you! Sounds like a fun project!

Hi There,

I?m not a lawyer so the below isn?t official legal advice.  However, I
have an extensive background working in intellectual property
specializing in ownership issues, permissions, advertising review,
trademark searching, protection and clearance.

I know the answer to your question.  

Rudolph The Red-Nosed Reindeer is an active registered trademark owned
by State National Bank of Evanston, co-trustees of Robert L. May. 
(See registration filed with the United States Patent & Trademark
Office copied below.)   Robert L. May most likely being the owner of
both the trademark rights and the copyright rights.  The registration
is for a number of products and specifically lists ?stuffed toys? and
other closely related items.

The copyright rights alone would likely allow for the owner of
Rudolph? to prevent you from making a toy.  If you made a toy and used
this trademark, the owner would have a right to take action against
you and prevent you from using the mark and would also be able to sue
you for any profit made and possibly even damages.  Also, this
trademark was first used in 1947 which gives it another special status
and on and on.  Save yourself some time and move on from this name and
select another one.

Some sites that you may find of interest:

www.uspto.gov (United States Patent & Trademark Office) - a great
source (& the official one) for intellectual property information.

www.inta.org (International Trademark Association) ? excellent FAQs
and a simpler to navigate site.

www.copyright.gov (U.S. Copyright Office) - also an excellent source.  



USPTO Record: 

Typed Drawing 
 
Word Mark	RUDOLPH THE RED-NOSED REINDEER
Goods and Services	IC 028. US 022. G & S: Equipment Sold as a Unit for
Playing Board and Dart Board Games, Stuffed Toys, Christmas Tree
Ornaments, Hand Puppets and Jigsaw Puzzles. FIRST USE: 19470000. FIRST
USE IN COMMERCE: 19470000
IC 016. US 037 038. G & S: Coloring and Activity Books. FIRST USE:
19470000. FIRST USE IN COMMERCE: 19470000
IC 009. US 036. G & S: Filmstrips With and Without Sound Tracks. FIRST
USE: 19470000. FIRST USE IN COMMERCE: 19470000
Mark Drawing Code	(1) TYPED DRAWING
Serial Number	73268848
Filing Date	July 3, 1980
Current Filing Basis	1A
Original Filing Basis	1A
Published for Opposition	October 9, 1984
Registration Number	1309723
Registration Date	December 18, 1984
Owner	(REGISTRANT) State National Bank of Evanston, co-trustees of
Robert L. May, trust under will banking association UNITED STATES
Orrington at Davis Evanston ILLINOIS 60204
(LAST LISTED OWNER) RUDOLPH COMPANY, L.P,, THE LIMITED PARTNERSHIP
DELAWARE 910 RAILROAD AVENUE NOVATO CALIFORNIA 94945
Assignment Recorded	ASSIGNMENT RECORDED
Type of Mark	TRADEMARK
Register	PRINCIPAL
Affidavit Text	SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20050820.
Renewal	1ST RENEWAL 20050820
Live/Dead Indicator	LIVE


Also, I?ve found that people often refer to the ?public domain? as
being related to something that?s been around for so long that it
develops into something that anyone can use.  While ?older? things are
often found in the public domain, the real definition is that it is ?a
thing? that no one owns the rights to so it is everyone?s property.

Below 2 definitions best suited to this context:  (Source:  www.dictionary.com) 
public domain
n :The status of publications, products, and processes that are not
protected under patent or copyright.
n : property rights that are held by the public at large

Hope all this is helpful.  
Schott