You cannot trademark a pose unless there is something unique about it, and the pose is used to denote a product or service that is engaged in interstate commerce. In other words, If the pose were immediately to evoke the work of the person claiming the trademark (such as the odd broken-toe stance of Don Martin's characters in Mad Magazine) and to use such a pose would cause the average person to confuse your work with the original, then a trademark can be claimed.
Otherwise, you can claim bullshit.
-- Uncle Kage (who just renewed Anthrocon's servicemark and had to read up on all that stuff)
no subject
Date: 2013-02-07 05:55 pm (UTC)Otherwise, you can claim bullshit.
-- Uncle Kage (who just renewed Anthrocon's servicemark and had to read up on all that stuff)