Q: Is a crochet toy illegal to sell if it was inspired by a squishable trademarked toy?
I made a crochet toy (for personal use), which was inspired (not identical) to a squishable toy which has a trademark. The original is trademarked under THE MYSTERIOUS DOCTOR PLAGUE. I am not even sure if the name can contain Plague Doctor in this case, if I wanted to sell my handmade toy. The colors and form of the toy are similar, but not identical. I would like to make more and sell them online, but I don't want to do it, if it is illegal. Could you please advise?
A: You should consult with an attorney to understand your risks and options.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
