If I designed a poster for a band that has cookie monster in it. is the band allowed to use that as advertising or do we have to get a license to use cookie monster in the poster?

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If I designed a poster for a band that has cookie monster in it. is the band allowed to use that as advertising or do we have to get a license to use cookie monster in the poster?

Asked on July 23, 2016 under Business Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you most certainly would have to get a license to use the Cookie Monster character; otherwise, you would be violating copyright and/or trademark and could be sued for both monetary damages and/or for an order that you do not use the character, destroy all inventory, posters, ads, etc. containing the character, and eliminate your computer files of the art. You cannot use another person or company's well-known, copyrighted, and/or trademarked character, like the Cookie Monster, for you own purposes, especially commercial purposes (like advertising).


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