pink pokadots

[candywrapper]

What is the name of your state? WA

I create personalized candy wrappers. These wrapper are wrapped over the candy bar. Mostly they are used as party favors. I have been ask by a customer to create a candy bar wrapper that will coordinate with paper plates she has already purchased. They have a pink pokadot background with the strawberry shortcake doll in the center. I know I can't use an image of the strawberry shortcake doll, but what about the surronding area of the plate? Is everything with pink pokadots copyrighted by strawberry shortcake? I am often asked to match partyware.
Thanks.

 

[divgradcurl]

What is the name of your state? WA

I create personalized candy wrappers. These wrapper are wrapped over the candy bar. Mostly they are used as party favors. I have been ask by a customer to create a candy bar wrapper that will coordinate with paper plates she has already purchased. They have a pink pokadot background with the strawberry shortcake doll in the center. I know I can't use an image of the strawberry shortcake doll, but what about the surronding area of the plate? Is everything with pink pokadots copyrighted by strawberry shortcake? I am often asked to match partyware.
Thanks.

This wouldn't be a copyright issue, it would be a trademark issue. That said, it's possible that the "look and feel" of pink polkadots could potentially be trademarked (this is called "trade dress") -- you could search the database at www.uspto.gov to see if they have a registered trademark or not -- but the breadth of the trademark protections is not infinite even if they do have a trademark. Unless the company has specifically registered the trade dress for candy or other food, it seems pretty unlikely that they would be able assert a trade dress infringement cause of action against a candy bar.

As always, for the best possible advice, you should consult with a local attorney, who can review all of the facts of the case and advise you accordingly.