Can I use a photo of the Mr. Peanut logo on postcards?

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Question:

I took a picture of Mr. Peanut on a jar of Planter's Peanuts. I know that Mr. Peanut is copyrighted or trademarked. But since I took the picture, can I use it any way I want -- or would I get in trouble using it for means other than my own personal enjoyment? I was interested in printing the picture as a cross-stitch pattern -- or on calendars or postcards.

Answer:

Mr. Peanut is protected both by the copyright and trademark laws. You definitely cannot use the picture for any commercial purpose without permission from the company that owns him. For example, you cannot place the image on a calendar or T-shirt that you offer for sale.

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