If I have a product called the __________ Terminator....

[SaltyNuts]

The ________ is to be filled in with something. And if on the product packaging I have what looks to be a middle age white guy wearing a black leather jacket and wearing sunglasses at night riding a motorcycle and carrying a shot gun, could Arnold sue me? Or whatever studio has rights to the movies or whatever? Or is that free speech?

Thank you.

 

[sdifox]

Protein wash

 

[BoomerD]

Go for it. Fair use clause. Just throw that in the lawyers' faces if they even try that shit.

 

[biostud]

They can always sue, the question is they can win and if you have the funds/guts to run a legal battle.

 

[Charmonium]

They can always sue, the question is they can win and if you have the funds/guts to run a legal battle.

True, but any "frivolous" (legal term of art) suit would be immediately dismissed by filing for summary judgement. In addition, you could counter sue for things like 'abuse of process' - in which case they would be liable for attorneys' fees and court costs.

You do have a point though. Paying your own fees and costs in all but the most egregious cases is called the 'American rule.' I believe that in contrast to what I'll call the European rule where, IIRC, the loser always picks up the tab for the other side.

But back to the name of your product . . .

Bad karma terminator - guarantees that you'll be reborn as a bodhisattva.

 

[IronWing]

The Pubic Hair in my Soap Terminator

 

[Red Squirrel]

Probably. Big companies - especially media ones have lot of power when it comes to IP law. The small guy pretty much always loses. Though sometimes the little guy wins. https://www.nissan.com/ is a good example of this, but that is very rare.

 

[ultimatebob]

They would likely have a "trade dress" infringement case against you:

Trade Dress Under the Law

Information on trade dress, which is the appearance of a product or service, and how it can be inherently distinctive or gain secondary meaning.

www.justia.com

It doesn't take much to trigger one of these. Try using T-Mobile's color scheme in your advertising, for example, and watch what happens

 

[biostud]

You can probably
a. Just do it, and risk a law suit.
b. Show them your product and have them give you a thumbs up. (not very likely)
c. Seek legal counsel and get a professional opinion on your question. But since you already have acknowledged that you are pretty ripping of their brand, I don't give you good chances.

 

[dullard]

Here are the USPTO trademark search results, there are 491 results for you to check to be sure you don't violate their trademark:
https://tmsearch.uspto.gov/bin/show...h&a_search=Submit+Query&a_search=Submit+Query

Specifically, regarding the Terminator movie, here is the trademark:
https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:a7q3w.4.2
It covers the word "Terminator" when used with these goods and services:

PRE-RECORDED MOTION PICTURE FILMS, PRE-RECORDED VIDEO TAPES, [ LASER DISCS, ] COMPACT DISCS [ AND CD-ROMS ] ALL FEATURING SCIENCE FICTION MOVIES; AND GLASSES, SUNGLASSES AND PARTS FOR SUNGLASSES.

So, yes, you would be in violation of the movie Terminator trademark if you use sunglasses with the word "Terminator". You can see that the trademark is also live, meaning that StudioCanal still pays the fees to keep it active. Thus, StudioCanal will likely sue.

I didn't click through all 491 results, but it does look like Terminator uses regarding soaps, shampoos, and lotions are dead (available for use) EXCEPT for uses on pets. But first read this: https://corsearch.com/knowledge-base/article/4-considerations-before-purchasing-a-dead-trademark/

 

[BurnItDwn]

The "to be filled in with something terminator" is a very lengthy and wordy name. Is it a 75 ohm terminator for a coax line? That was already invented a long time ago.

 

[Lost_in_the_HTTP]

____ Dream _____


Cuz all of mine have been dead for decades.

 

[zinfamous]

__Libido__

You're pasting your face on the bottle, right, OP?

 

[shortylickens]

_____Fucking_____