Re: Am I violating a copyright?

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.

The answer to your question is "probably not". But it's the wrong question....

There are two "right" questions, to which the answer is "probably..." First question: "am I infringing any rights by calling myself Dr Mego?" - in the UK at least, there would be a colourable claim against you in passing-off; and if Mego is a registered trade mark you are probably infringing it. I guess US law is much the same.

The other relevant question is: "am I infringing any copyright in the toys or their parts by making reproduction parts...":

-- 
Edward Barrow
edward[_at_]plato32.demon.co.uk