Legal Question in Intellectual Property in Tennessee
Manufacture and Sale of Keyblades
I manufacture and sell, primarily on eBay, wooden replicas of items that appear in a video game called Kingdom Hearts. To the best of my knowledge the only place these things exist is when a replica is fabricated by someone like myself. Is what I'm doing a violation of copyright, trademark, or intellectual property rights? If so, is there anyway to continue to produce and sell these items without infringement, as in using terms like SIMILAR TO or LOOKS LIKE when I offer them for sale? There is a demand for these items that is only being served by a few craftsmen and selling the items provides much needed income but I do not want to commit a crime or be subject to a lawsuit. Please advise.
1 Answer from Attorneys
Re: Manufacture and Sale of Keyblades
It is hard to answer that question without knowing a few things:
1. What degree of protection have the owners of the video game obtained for their intellectual property? They could have trademarks, copyrights, etc...Depending on what they have done or not done you will have different levels of exposure.
2. How do you market your items? Do you use words or phrases from the game to describe your products and how closely to they resemble the images associated with the game?
3. Is your marketing so similar to the game as it might cause confusion by the public about who is offering the items for sale?
There are other factors which would effect your liability. It is highly unlikely you would be committing any sort of crime, but you may face some civil liability. You should see an attorney to help you devise a strategy to maximize your investment and protect against any penalty from the owner of the game.
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