Legal Question in Intellectual Property in California

Can I sell photographs that feature toys that are trademarked brands? Like Spider-man or Mickey Mouse figurines.


Asked on 1/07/11, 10:18 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You really don't want to tangle with Disney and its 101 lawyers.

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Answered on 1/12/11, 10:32 pm
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I agree with the other attorney answer. If you sell these photographs, you are infringing on the intellectual property rights of Disney and will likely get sued. Consult with a good business 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 1/13/11, 6:47 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

It is tempting to thinkthis would be O.K. because, after all, they would be your phoyographs, and you would be entitled to the copyright. Also, a toy is not a photograph, and vice-versa. Nevertheless, you'd still be vulnerable to a suit based on weakening/diluting their trademark or something of that sort.

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Answered on 1/13/11, 10:35 am


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