A question about a commissioned suit with iconic imagry

[beastcub.livejournal.com]

Would creating a fursuit for a customer with markings in tribute to David Bowie be of any legal concern? The most key marking would mimic the image below. The suit would also have red hair and rainbow stripes.

(a link in case the pic does not show up https://s-media-cache-ak0.pinimg.com/236x/d8/43/45/d84345c5ad39626539320264625cb410.jpg )

Comments

[greenreaper.livejournal.com]

There is a registered trademark applying to clothing (http://tsdr.uspto.gov/#caseNumber=75916073&caseType=SERIAL_NO&searchType=statusSearch), but just for the name "David Bowie"; I don't see one for the symbol. So… don't call it David Bowie? I don't see use of it implying that David Bowie or his heirs and assigns made the suit; and clearly he isn't in it, either. (Incidentally, use of the name Ziggy Stardust (http://tsdr.uspto.gov/#caseNumber=86235640&caseType=SERIAL_NO&searchType=statusSearch) for entertaining services is also protected.)

As a piece of art it'd arguably be under copyright, so I wouldn't want to print shirts with it on. But sewing something that resembled it? I guess you could still argue that the art was separable (http://moritzlaw.osu.edu/students/groups/oslj/files/2012/04/69.1.keyes_.pdf) from the function, but I'd be surprised if anyone came after you for a one-off. Now, if you were churning out MLP…

[laughsatthunder.livejournal.com]

From a legal standpoint I was thinking the same thing but didn't have any examples or links, these are wonderful to bookmark for later.

It could also be taken as a simple marking on a character's face for those who aren't aware of Bowie and his persona Ziggy Stardust.

[greenreaper.livejournal.com]

One thing I forgot was that the Berne Convention (https://en.wikipedia.org/wiki/Berne_Convention) didn't apply in the USA until March 1989 - they had the UCC instead (https://en.wikipedia.org/wiki/Universal_Copyright_Convention), which required registration and the use of ®. Aladdin Sane (https://en.wikipedia.org/wiki/Aladdin_Sane) was created in 1973, so any protection might differ significantly between the UK and the USA. (FWIW I didn't see the symbol in the UK TM DB, though again Ziggy Stardust is registered throughout the EU (https://oami.europa.eu/eSearch/#details/trademarks/000974352).)

The bolt has clearly been used by others (http://www.davidbowie.com/news/instances-aladdin-sane-lightning-bolt-increase-15521), probably not under license. I think at this point it's gone beyond acting as a trademark for the entertainment work of a particular person.

[bornesb.livejournal.com]

My personal thought was that since it is a fursuit and not a human-type costume, it would be covered under parody.