Is This Legal?

[Menolly]

Hi all,

I have a specific piece of leatherwork I am working on and would like your input. I am a Star Trek fan and would like to sell this piece I am making but I don't want to do something wrong either. It is a picture of a hand with the phrase "Live long and prosper" Spock. I drew the hand myself but am just not sure about the infringement issues. Thanks for any light you can shine on the subject

[TwinOaks]

The current trademark for "Live Long and Prosper" is owned by CBS Studios, Inc., issued 8-19-2010. So, you would be in technical violation of the trademark if you make and sell the image.

*Note: I'm not a lawyer.* We had a long discussion about copyright infringement here on this forum, and IIRC, you can make and use anything for personal use, but can not sell those items without violating the copyright. I think the same would apply to a trademark, but if you need authoritative advice, ask a lawyer. You could also write to CBS Studios, Inc. and ask permission to use the logo (good luck with that).

[Menolly]

The current trademark for "Live Long and Prosper" is owned by CBS Studios, Inc., issued 8-19-2010. So, you would be in technical violation of the trademark if you make and sell the image.

*Note: I'm not a lawyer.* We had a long discussion about copyright infringement here on this forum, and IIRC, you can make and use anything for personal use, but can not sell those items without violating the copyright. I think the same would apply to a trademark, but if you need authoritative advice, ask a lawyer. You could also write to CBS Studios, Inc. and ask permission to use the logo (good luck with that).

Thank you TwinOaks for finding that. I did try a google search and didn't have any luck. Is there a website that is a good one for that sort of thing?

Ellen

[dragonspit]

Thank you TwinOaks for finding that. I did try a google search and didn't have any luck. Is there a website that is a good one for that sort of thing?

Ellen

I used to do a lot of pen and inkwork. I belonged to a free site called WetCanvas. its one of the largest general art sites I have ever seen. there are forums, like here, but many of them. there is a specific forum with liars, I mean lawyers often answering. its free to sign up, no pop ups. You can go there. I have read quite a bit, I believe you will be disappointed. but here is the link http://www.wetcanvas.com/ you dont have to sign up to look around, but you do have to sign up to post, thats pretty normal to. Hope that helps.

Bob

[MHolzer]

As far as the hand goes, you're in the clear. Nimoy took the gesture from the priestly blessing in Orthodox Judaism. It's almost definitely not a trademark-able image.

[Menolly]

Okay, thanks!

Ellen

[TwinOaks]

I guess I should've given the link when I searched it: http://www.trademarkia.com/live-long-and-prosper-85111056.html

search terms " Live Long and Prosper Trademark" There's lots more articles than just that one, it just happens to be the one I picked.

[Menolly]

I guess I should've given the link when I searched it: http://www.trademark...r-85111056.html

search terms " Live Long and Prosper Trademark" There's lots more articles than just that one, it just happens to be the one I picked.

Thank you twinOaks :D I will read up on it.

Ellen

[BillB]

I think you should consider treating it as two separate items: 1) the phrase "Live long and prosper" and; the hand sign used by the character Mr. Spock, which by the way was a Vulcan saying and used by other Vulcans beside Spock. In either case, if you sell it as a "Star Trek" item, then in my opinion and I am not a lawyer, you are inviting trouble.

BillB