Happy Halloween! It is the day (or week, for some) of the year where we venture out pretending to be something we are not. Some may choose to go for a classic costume like a ghost or witch. However, others want to dress up as their favorite character from a TV or movie. But these characters are likely subject to copyright and trademark protection. If you buy a costume of your favorite superhero from the store, you likely have an implied license to use the costume. But what if you make your own Wonder Woman outfit of have your own Aunt May who makes you an amazing Spiderman suit? Should you be worried?

Given most uses on Halloween are not to sell or advertise goods, do not involve an intent to deceive and, would not confuse the public as to the source of goods, any infringement case would be unlikely. In addition, the damages (think – your candy haul) is probably not worth a suit. While lawyers certainly have many tricks, it is probably safe to enjoy your treats.

Enjoy the night and stay safe everyone!

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