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Making Something From Something Else

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TMoney

Guest
What is the name of your state? Ga

I want to build lamps. If I buy a ceramic rabbit from the local kmart, glue it onto a wooden base, drill a hole into it and turn it into a lamp, can the manufacturers of the ceramic rabbit sue me?

Thank you.
 


T

TMoney

Guest
I forgot to mention. I'm going to sell the lamps as my own. Thanks
 

divgradcurl

Senior Member
"can the manufacturers of the ceramic rabbit sue me?"

Yes.

Anyone can sue anybody for anything! However, if the question is "can they win?" then the answer is almost certainly no.

You are protected from patent infringement by the "first sale doctrine," you are protected from copyright infringement because the making of the lamp is "transformative," and trademarks -- well, fuggedaboutit.
 
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TMoney

Guest
I see. Now, what if this lamp was made from a mickeymouse statue? Same Deal?

Thanks again.
 

divgradcurl

Senior Member
No.

Mickey Mouse is covered by a trademark which will prohibit you from using the Mickey Mouse likeness in anything that you sell. Be prepared to be sued if that's the way you are heading.
 
T

TMoney

Guest
Well, I wasn't headed that way actually. I'm just trying to tell where the line is drawn with trademarks. If i picked a particular rabbit figurine that was protected by a trademark, how would I know?
 

divgradcurl

Senior Member
" If i picked a particular rabbit figurine that was protected by a trademark, how would I know?"

A couple of ways. First, see ifthe figurine itself is marked -- it may be if a trademark exists. Second, check with the USPTO (you can search their database) to see if a U.S. registered trademark exists for the figurine. Third, ask the company that manufactures the figurine. Fourth, pay a lawyer to do a search for you. Fifth, just do it, and wait and see if you get sued.

1 is the best, of course. 2 is good, but it will only tell you if there is a registered trademark, and not if they have any state or common-law trademark rights. 3 is good, if you can find the manufacturer, although they are under no obligation to tell you. 4 is the best, but most expensive option. 5 is worth a shot if the figurine is just some random figurine.

It's up to you how you want to handle things. Again, if the figuring isjust some random figurine and not a well-known object or part of a line of licensed merchandise, then you are probably okay. 4 is always the best bet, but may be prohibitively expensive.
 

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