I am wanting to sell recycled barbie and ken dolls with homemade outfits on. These dolls have been found in second hand stores, and the clothes have been made from Simplicity, and McCalls patterns. It there a fringe on copyrights or trademark laws by doing this? I would sell them at garage sales, flea markets or by consignments at local stores. Please help me with this question before a make a big mistake. Thank you
Answer
As a Franchise Attorney I think you need to re-think your idea. Manufacturers has the exclusive right to determine who sells their goods, including their goods sold in the used or secondary markets. That's why there's a big upswing in legal demand to settle letters and lawsuits for unauthorized people selling a host of items on places like eBay and Craigslist,etc. You may stay off their radar and not be caught right away, but if and when you do, it won't be a pretty picture. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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