QUESTION

Can I make and sell custom, one-off action figures/dolls, in very small quantities, of trademarked properties? ie. Super Mario, Batman, etc.

Asked on Sep 27th, 2011 on Intellectual Property - Michigan
More details to this question:
I would sell these at craft and trade shows with other hand-made merchandise.
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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Technically, no. The Trademark Act prohibits all confusing similar sales of infringing merchandize, regardless of how minor. As a practical matter, your infringement may be too immaterial to come to the attention of the respective trademark owner, but you cannot rely on that possibility.
Answered on Sep 27th, 2011 at 3:44 PM

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