Can we make Harry Potter Inspired products?

Hello!

I seen CM mail for top seller and one of product is wizarding World which majorly Inspiration with Harry Potter so is it fine to create like that ?

In product discription they also mention “Inspired by Harry Potter” and CM give this in mail as top seller so this kind of product we can made as fan. Isn’t it?

Khushbu Gohil

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No, you can’t. And that set shouldn’t be allowed to advertise that way either. Just because something is posted doesn’t mean it’s ok. You asked about Disney inspired in another post. If you didn’t create it from your own mind, and it is someone else’s creation that NO ONE WOULD BUY unless they didn’t already like the original source, you cannot use it. If you want to get sued or shut down, go ahead and try. IMO it’s not worth risking my business to make quick cash and it’s also offensive to me that so many people are constantly using other artists’ work to make money.

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Hi @Khushbugohil - I saw that set and it’s quite beautiful. Aside from a few details and the “Inspired by Harry Potter” I think the artwork stands on its own. I just wouldn’t draw images that can be directly linked back to Harry Potter (for example drawings of the characters themselves or items that are specifically related to it). And of course, I wouldn’t make any mention of the name in your product.

However, drawings of wizards, owls, crystal balls, magic books, etc themselves are not exclusive to the Harry Potter franchise. The wizard and magic theme has been around long before Harry Potter. As long as you are making them different and original, I see no reason why you can’t create a set like that.

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@MariaBPaints Thank you your guidance…Let me clear you I am not going to make any Inspired by Disney or Harry Potter but I show some products on CM and CM market them as well so query rise like how they can sell so ask here😊

@Sofydoll_Designs Thank you for your thought :blush: as I am not going to make anything like who have copyright as I most like to create own :blush:

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I’m not a lawyer, but I’ve been on the sidelines of a few trademark violation cases. Even if there’s no copyright violation, there’s a trademark line that can be crossed: would someone reasonably assume that this product is associated with that official brand? Making it clear that the product is not associated with the official brand offers some protection. You can never be 100% protected from getting a C&D notice but avoiding customer confusion can be helpful. Mixing in too many official branding elements in the promo graphics is not a good idea. Using the Harry Potter font and color scheme in the promo graphics is flirting with disaster. Brands are required to defend their trademarks…it’s not optional. Using the name “Wizarding World” is a clear trademark violation…that’s literally the name of the media franchise. If their lawyers see that, it’s a C&D for sure.

In terms of typeface, even a similar typeface can be a problem. Judges aren’t typography experts. Look up the case of Iron Maiden vs Ion Maiden. It’s a combination of multiple elements: name, colors, typeface etc.

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@typodermic Thank you!..this is good info
This question rises due to CM mail which market Harry Potter Inspired product

Personal I want to make anything like that but just need to clear on it like how they market this kind of things so :thinking:

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