Legal Question in Intellectual Property in New York

using a character pic to make toy

Dear Sir,

There is a cartoon character on TV and online which does not have a stuffed version for sale. My son fell in love with this character and after an extensive search online, I found the company that came up with this character only offers t-shirts, ornaments, mouse pads, coffee mugs and hoodies for sale with the character on them. I am wondering if I made my own version of a stuffed doll ( taking a pic of the character and enlarging it, then making a pattern) if that is considered copyright infringement. I realize making one for my son would probably be fine but my main question is, can I get into trouble if I start selling them?

Also, what steps should I take to contact the owner of the character to inquire about getting licensed by them to make the dolls?

This is a Large Corporation which you would recognize the name so I'm wondering if trying to contact them would even be worth my time.

Thank You for your help,


Asked on 12/21/06, 1:16 pm

1 Answer from Attorneys
Steven Mark Steven Paul Mark, Attorney at Law

Re: using a character pic to make toy

I don't know what "non-traditional" route the previous answer suggests but if you go ahead with making a copyrighted character for sale the non-traditional route I'm aware of is the road to ruin. As far as contacting the company, it may not be such a far-fetched idea. In fact, the company may already be considering a "plush" toy, which is how the category is classified. You could start with the merchandising and licensing division of the company or its publicity department which can let you know if there are plans afoot. If not, you can ask them about a license. In that case, you should first consult with an entertainment attorney who can help you get in the door after discussing your plans.

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Answered on 12/21/06, 1:42 pm


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