Expert: Shannon Moore - 9/28/2008

Question
I have developed a trivia board game based upon a television show.  Must I get permission from the show's production company to market my game?

Answer
Dear Terri,

Short answer, yes.

Intellectual property rights are extended to the goods and/or services listed on the application so while technically a television show differs from a board game, there are other factors at play here.

Since we're talking about a TV show, I'm assuming it's fairly well-known, at least to a majority of the American TV viewing audience. Here's the Wiki explanation of famous trademarks:

"Trademark dilution is a trademark law concept permitting the owner of a famous trademark to forbid others from using that mark in a way that would lessen its uniqueness. In most cases, trademark dilution involves an unauthorized use of another's trademark on products that do not compete with, and have little connection with, those of the trademark owner." -- http://en.wikipedia.org/wiki/Trademark_dilution

To obtain rights, you may want to contact a licensing agent. Check out the INTERNATIONAL LICENSING INDUSTRY MERCHANDISERS' ASSOCIATION web site -- http://www.licensing.org/agents/LicensingAgents.cfm

Hope this helps!

Warmest regards,
Shannon Moore
http://www.tmexpress.com