Billerica, MA asked in Trademark for Massachusetts

Q: If I purchase a tumbler with a Disney character on it then rhinestone over it and sell it is that legal

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: When you purchase a tumbler with a Disney character on it, even if you add rhinestones or other customizations, selling it could lead to legal issues. Disney's characters are protected by copyright and trademark laws, meaning they control how their intellectual property is used. Modifying and then reselling the tumbler with their character may still violate their rights, as you're using their designs for commercial purposes.

Even if you didn't create the character, selling a product that features copyrighted material without permission can result in legal action. Companies like Disney actively protect their brand and take infringement seriously.

If you want to sell products with specific characters or designs, you would typically need a license or permission from the copyright holder. Without that, it's best to avoid reselling items with protected content, even with modifications.

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