Can I sell doll as my own, if I change the appearance of it?

[picasso25]

I bought a doll and made a mold of it. I changed the nose and lips on the new molded doll and switched the body of that molded doll with another doll body . I then made a mold of that doll. Can I sell the new doll as my own, since I have changed the appearance? I plan on changing the hair color and clothes as well and then sell them on ebay.

 

[OHRoadwarrior]

Apparently you have 2 copyright infringements to deal with first.

 

[Proserpina]

Yeap.

Same as the guy who made A Certain Parody of a Very Popular Range Of Dolls.

 

[quincy]

I bought a doll and made a mold of it. I changed the nose and lips on the new molded doll and switched the body of that molded doll with another doll body . I then made a mold of that doll. Can I sell the new doll as my own, since I have changed the appearance? I plan on changing the hair color and clothes as well and then sell them on ebay.

Yes, it is possible for you to purchase dolls, and create new ones from the ones you legally purchased, and it is possible for you to then re-sell these altered dolls on eBay.

But there are caveats when you alter a product and sell it.

You must be aware of any patent and trademark rights that may exist to restrict your use. You must be careful not to infringe on the rights of the trademark/patent holder.

While you can re-sell dolls in their original condition and identify them by their trademarked name (e.g., you can legally purchase a Barbie doll and then re-sell that Barbie doll, calling the Barbie doll a Barbie doll in your ad), you cannot sell altered dolls with the original trademark on them and you cannot advertise the altered dolls using the trademarked name or logo, without the risk of a lawsuit.

Examples:
*You can buy several Hanes tee-shirts and cut off the Hanes labels. You can then create designs on the tee-shirts and re-sell the tee-shirts. But you cannot sell them as Hanes tee-shirts. You cannot use the trademarked Hanes name or logo on your tee-shirts or in your advertising.
*You can buy several bags of M&Ms and bake batches of cookies using M&Ms as an ingredient. You can then sell these cookies. But you cannot sell the cookies using the trademarked name or logo in your advertising or on your packaging.

AND, there are always legal risks.

One risk is that companies are very protective of their trademarks and their trademarked products. They are not shy about suing anyone who infringes on their rights, or who they think are infringing on their rights.

Another problem is that some products may not only be protected under trademark laws but may also have patent protection (for example, on body shape).

Your question is not an easy one to answer without knowing what exactly you are intending to do and what dolls you are planning to use. I suggest you discuss your plans with an attorney in your area so that you can better assess the risks and weigh the possible costs.

Good luck.

 

[OHRoadwarrior]

I favored the idea of Trailer Trash Barbie myself.

Yeap.

Same as the guy who made A Certain Parody of a Very Popular Range Of Dolls.

 

[Proserpina]

I favored the idea of Trailer Trash Barbie myself.

You mean to tell me that Trailer Trash Barbie is NOT the default?!

 

[quincy]

I favored the idea of Trailer Trash Barbie myself.

There can be a problem with trademark dilution, even when there is no risk of a consumer being confused about the origin of the product.

But a court could also determine a use is fair. Mattel Inc v Walking Mountain Productions, Inc, 4 Fed. Appx. 400 9th Cir (2002) involved a Barbie doll inspired work of art.

Mattel, as a rule, is not a company whose products you want to mess with - they sue and, even if you eventually win the suit, it will be costly. The Mattel Barbie/MGA Entertainment Bratz doll suit (not a trademark infringement suit) lasted 8 years, seemed wrapped up last year with costs to Mattel of $700 million, but has now been revived.