Legal Question in Intellectual Property in California

I like old plastic hobby models. The kind you glue together and paint. Many model manufacturers have gone out of business over the years, but you can still find their kits available used. My question is: if I were to take one of these old models and make molds from the parts, then remake and resale the kits today under a new company logo is that illegal or a violation of copyright, patent law? The companies I would make them from have been out of business for over 10 years.


Asked on 2/15/12, 9:09 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Many companies that go out of business sell off, or have already sold off, their patent and other intellectual-property portfolios. Also, consider the possibility that the aircraft manufacturer licensed the right to create the model kits to the model manufacturer, and would expect you to do the same. Many years ago, I had as a client a firm that was in the business of checking on still-existing I-P rights for Hollywood, and while I no longer remember their name, I'm sure there are companies around that can do a quick and not-too-expensive trademark, copyright and patent clearance for you with respect to each proposed model. I think it would be taking an excessive risk to tool up for production without making some effort to find any I-P holders for each proposed reproduction.

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Answered on 2/16/12, 10:04 am


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