Permission granted: do I need a license to make this toy?(exclusive)
Playthings, February, 2006 by Ehrlich, David
Sometimes toys are a re-creation of a person or object in the real world--most likely a popular entertainment property. And whether or not the toy maker needs permission--a license--to make that re-creation depends on several factors. These include the nature of the real world property, what kind of intellectual rights are involved (such as trademark or copyright), the nature of the toy, practice in the trade (in other words, do toy makers typically get licenses for that kind of toy), consumer perception (whether consumers assume that type of toy is usually licensed) and law already developed in prior infringement cases.
A review of these factors allows us to state some general rules for certain types of toys. [ILLUSTRATION OMITTED] Action...
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