Re: Am I violating a copyright?

On 8/7/98, Paul Clarke <paul_clarke[_at_]timeinc.com> wrote:
>
> I have a website called Dr. Mego's Repros which makes replacement toy
> parts for action figures made by a company called Mego.
>
> The company is out of business but the owner still maintains the
> name Mego as a copyright. Am I violating any copyright laws by
> calling myself Dr. Mego?
>
> I noticed that there are other uses of the name Mego on the web -
> a Mego Mortgage Co., Mego is a form of punk rock, etc. Are they
> safe because they are in a different industry than toy manufacturer.
>
> I would very much appreciate it if you could enlighten me on this.

This is not so much a copyright question as a trademark issue. Mego, the company, may be out of business, but its assets -- including its trademark rights -- have probably been acquired by some entity. Assuming (without any actual knowledge) that this New Entity owns the trademark rights to "MEGO" for action figures and toys, it is possible that you are infringing those rights. The key question being, is there a likelihood of confusion? Will consumers who see your web site think that your products or services come from the same source as Mego action figures? That question can't be answered at this point -- often it requires expensive surveys to determine whether there is a likelihood of confusion.

As for the other Megos out there -- I have strong doubts that there would be a likelihood of confusion between mortgage services and toys sold under similar, or even identical, marks. (I won't go into trademark dilution, since I don't think "Mego" qualifies as a "famous mark" for purposes of that body of law.)

Daniel J. Schaeffer
<daniel_schaeffer[_at_]kirkland.com>

***

As usual, these comments spring from my cerebral cortex and have nothing to do with my employer. I strongly discourage anyone from relying on anything I write as legal advice. (Hey, that's what I tell my clients -- it ought to apply even more to people reading this list.) Received on Fri Aug 07 1998 - 15:03:17 GMT