Legal Question in Intellectual Property in Illinois

Is it legal to take artistic pictures of Disney plush (Winnie the Pooh, et al) and sell them?


Asked on 3/23/11, 8:22 am

2 Answers from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can't believe you'd even ask this question. Of course, NOT - unless you wanted to be sued by Disney. Consult with a good intellectual property or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 3/23/11, 9:07 am
Bruce Burdick Burdick Law Firm

I disagree with the preceding answer by "Mr. Franchise." There are many ways to do this legally. Andy Warhol was famous for doing that sort of thing. So long as you disclaim any association with Disney, this is possible. However, it would be well to consult with an IP attorney competent at copyright and trademark law as both are involved in this question. This is why you should go to an intellectual property attorney rather than a franchise attorney. And, you should consult an IP attorney so that you do not trip up and make a careless mistake that would draw fire from the Disney IP enforcement team of lawyers.

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Answered on 3/24/11, 4:08 pm


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