<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Taylor:
My sister in law is starting business making and selling pinatas in the shape of any favorite kid's show characters, for example Disney characters, cartoons, etc. Is this against the law? Could she be sued for selling a Power Puff Girl or Barney pinata?
Yes she could be liable if the shape is whatever the character is and the name is the same. Ex. Purple pinata shaped like Barney and called Barney. She should make one that sort of looks like Barney but is not and rename it Barley or something like that. Once the product is sold it is not her fault if the kids call the pinata Barney.
All these characters have names that are trademarked with the Federal Patent and Trademark Office. Even the shape, size, shadow, silouette etc. may be a problem.
Can she make some pinatas for adult parties? My idea is a shark with a tie named Mr. A. Torney and must be hit with a real L. Slugger bat. Nail the sucker good and instead of candy, money and subpoenas fall out.