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.
3 Answers from Attorneys
You really don't want to tangle with Disney and its 101 lawyers.
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
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.