why is OOAK Barbie not a copyright violation?

[Guest Cenilla1572372776]

Mattel ran after a Fashion Boutique called "Barbie Shop" and claimed the shop has violated its copyright --regardless of the fact that the owner of the shop has been called Barbie since the day she was born, besides, she does not sell dolls but "custom clothing and hot brands for bad boyz and girls".

 

Read the whole story here

 

Many people repaint the dolls and sell them under the name of Barbie to make profits, why is this not a copyright violation and Mattel let go?

[MARVLOUS]

the short answer is because it is not and OOAK artists do not claim to have made the doll itself. Mattel sued to have a problem with OOAK artists too.

[JUDYRAE]

There were several lawsuits in the past regarding OOAK dolls. In every case that I can remember, the judge/jury ruled that once a person buys a Barbie doll, it is their doll, to do with as they please.

 

MOST of the OOAK artists rename the dolls & their websites, printed materials, etc clearly state that they are not affiliated with Mattel or Barbie. I have quite a few OOAK dolls & NONE of them are named Barbie, including the 3 that I brought home from KC. They each have a name that reflects the artist's vision.

 

In the case of the fashion shop, it is quite possible that the woman who runs it was using a font or graphics (such as the Barbie signature or ponytail silhouette) that are similar to the ones that Mattel uses for Barbie & that could be a copyright violation. From what I read in the article, this woman did not "whip" Mattel at anything, it was a matter of international jurisdictions. NOT a very informative article. I would be interested in reading the ENTIRE story, but that might just be me.

[Guest bellsforher]

Hi judyrae,

 

This happened in my city almost four years ago. It wasn't actually a matter of using the font or graphics, it was the name of her business and a dispute over the website name.

 

If you google Barbie's shop, there are a few articles by the CBC that delve more into the details of the dispute. All I know is that Barbie's Shop is still in business here, doing well, and still selling fetish wear.