• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

The Three Stooges

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

signaltech99

Junior Member
What is the name of your state (only U.S. law)? Wisconsin

Hello -

Can I create myself 3 stooges memorabilia, in the form of 1-line quotes, and legally sell them at a flea market?

Thanks
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Wisconsin

Hello -

Can I create myself 3 stooges memorabilia, in the form of 1-line quotes, and legally sell them at a flea market?

Thanks
Do you plan to include illustrations or images of The Three Stooges?
 

signaltech99

Junior Member
Yes:

For example Moe, I was going to use just a cross section of Moe's eyes on a thin piece of wood next to a famous Moe line, "Hey Porcupine".
 

quincy

Senior Member
Yes:

For example Moe, I was going to use just a cross section of Moe's eyes on a thin piece of wood next to a famous Moe line, "Hey Porcupine".
Okay. Well, there can be legal issues whenever one uses any rights-protected material without permission from the rights-holder.

The Three Stooges are trademark, copyright and publicity rights protected. These rights are owned by Comedy III Productions, and film, movie and television rights are licensed through C3 Entertainment, Inc. The rights cover the use of the name "The Three Stooges" (which is trademarked) and any use of the name, voice, signature, photo, or likeness of any one or all three of the Stooges for any commercial purpose (right of publicity).

While it could be possible to use a line or two from a Stooge movie or film without a problem, trying to make a profit off of goods that are made using anything more could result in the receipt of a cease and desist letter (and less likely, an infringement lawsuit), and so could be a legal risk.

Following are links to, first, The Three Stooges Official Website, and second, an infringement lawsuit filed by Comedy III Productions against the creator of merchandise that used Three Stooges rights-protected material:

The Three Stooges Official Website, licensing of rights information: http://www.threestooges.com/licensing/

Comedy III Productions, Inc v Gary Saderup, Inc, 25 Cal 4th 387 (2001):
http://www.law.cornell.edu/copyright/cases/25_Cal4th_387.htm

You might want to have your product idea reviewed by an attorney in your area, if you feel you want to go ahead with creating Three Stooges-related products.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top