Question about Copyrighting.. "Defy Gravity"

[Benzy92]

Posted: 2/27/05 at 6:09pm

Hi! I want to make tee-shirts or buttons that would benefit a club at my school that said "Defy Gravity" on them since many people love Wicked.. is it okay to write "Defy Gravity" on a tee-shirt, magnet, or button and sell it? I'm not going to write "Wicked the Musical" or "Stephen Schwartz" or anything like that, just use the phrase? Anyone know if this is alright to do? Any help would be great! Thanks again!

[MargoChanning]

Posted: 2/27/05 at 6:14pm

It's very possible that the producers of the show have trademarked the phrase (popular phrases and slogans associated with plays, films and tv shows are often trademarked). While I doubt you'd get it too much trouble for making buttons and t-shirts on such a small scale, you might send the producers a letter if you're concerned (your worst case scenario is getting a cease-and-desist order from the shows' lawyers.

[Benzy92]

Posted: 2/27/05 at 6:15pm

Thanks!

[Benzy92]

Posted: 2/27/05 at 6:32pm

.. or what about just "Wicked" not "Wicked the Musical" can one word be copyrighted?

[Matt_G]

Posted: 2/27/05 at 6:33pm

Ask Spike Lee

[Plum]

Posted: 2/27/05 at 6:35pm

I really don't think putting "Wicked" on a shirt is going to work.

[MargoChanning]

Posted: 2/27/05 at 6:36pm

Words and phrases cannot be copyrighted, but they can be tradmarked. A case of trademark infringement hinges on likelihood of confusion, so as long as you just say "Wicked" and don't copy the logo, there's no violation.

Updated On: 2/27/05 at 06:36 PM

[Benzy92]

Posted: 2/27/05 at 6:37pm

great thanks!

[MusicMan]

Posted: 2/27/05 at 7:02pm

Titles can not be copyrighted.

And the phrase "defy gravity" could have many applications, like space travel.

[MargoChanning]

Posted: 2/27/05 at 7:10pm

True, they can't be "copyrighted," but many somewhat common phrases with many applications can be and are "trademarked" for a limited period of time (usually no more or a year or two). This often comes up with popular catch phrases used in commercials and to promote movies -- trademark law provides protections to companies wishing to exploit a certain word or phrase for commercial purposes for a limited time.

[munkustrap178]

Posted: 2/27/05 at 7:14pm

I don't mean to sound rude, but who would want to buy a homemade WICKED t-shirt?

[commasplice]

Posted: 2/27/05 at 7:21pm

Please promise you'll make nicer shirts than this one (and sell them for less!) https://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&category=778&item=3877579811&rd=1

(I have nothing important to contribute. I just saw this as an excuse to link to a ridiculous ebay auction.)

[Benzy92]

Posted: 2/27/05 at 7:29pm

I think we are just going to make buttons that say Defy Gravity..

[munkustrap178]

Posted: 2/27/05 at 7:30pm

WEll...if you're trying to raise money for something at your school, a broadway musical on a pin isn't the way to do it...

[admanrich]

Posted: 2/27/05 at 7:42pm

For my school, we sold Wicked pins and we raised a lot of money. It was around the end of December during "Idina Craze"