trademarked product in a commercial

smithgallTV

smithgallTV

Active member
I have an idea for a commercial that involved the use of dolls, like barbie dolls. My question is do i have to get the permission from the manufacturer to use their product prominantly in the commercial? I wouldnt use the doll by its name (basically a kid is using the doll to act out a scene) but the face would be clearly visiable. This seems odd but i imagine that the makers of barbie or GI joe are as protective of their doll as Coke woudl be of its can. If I cant use the doll without permission does anyone have an idea of how i could still do this? Can i make a doll head?
 
While I don't know why I would know this, I do recall a couple of Barbie-linked headlines in recent years. Both involved nudity. The first was an artist who took pictures of nude barbies and called it "art" That guy was awarded 2M dollars and the case was settled in his favor when courts ruled against Mattel's claim of copyright infringement. The other was something about "anatomically accurate" dolls with realistic body shapes and gender appropriate anatomy. I don't remember much about that case except they were outlawed in the U.S. and have had excellent success internationally, specifically within Europe, I believe.

I'm not sure what conclusion to draw from this other than that Mattel appears to be "on-top" of anything that remotely affects their brand reputation, that's for sure. I would be leary of using the actual Barbie-brand dolls. Perhaps you could find something suitable at the discount stores or maybe even make some from "part" you find at hobby stores. Just some ideas. I hope your idea becomes a commercial success and I'm glad to hear your concern about with the murky waters of using these dolls. My advice? I would stay generic if at all possible. Good luck.
 
Yeah, I'm sure that the Barbie doll is the legally protected property of the Mattel Corporation. You live in Jacksonville, which I am sure has several craft stores. Call up a couple and ask them about dollmaking (which I believe is a rather popular craft). They may be able to hook you up with someone that is into that. I like Wells' idea about discount store dolls. If you use some cheap dolls that are made in the Pacific rim by the bazillions, I doubt that anyone you come looking to sue you.

Good luck.
 
Thanks to both of your for responding. I had thought of using a generic doll. Of course the same legal argument can be mnade that any product is subject to the same level of protection that Barbie is. However, i think your right, that any generci doll that I coudl pickup at the dollar store or craft store is probably less likely to have its manufacturer come after me. I had also thoughht of taking the doll and changing hair and other basic elements to make it different just for the sake of doing what i could to avoid recognition. thanks for the help
 
If you are not tarnishing Barbie's image you can use it all you want. If you are you face a cease and desist letter which means you can run it unless someone form mattel sees it and thinks its offensive and notifies the legal department who will simply tell you to stop.
 
walter
the doll woudnt be used in a way that would be thoughht of as offensice directly to barbie or mattel. Essentially its a child acting out his or her parents abuse of one another with the dolls. So the subject matter itself is not fun. This is a PSA. Thats why I dont want to choose a doll whose owners have the power to shut me down.
 
smithgall - You may want to consider using softer dolls in leu or the Barbie type - like a raggedy ann/andy type doll. This would be a doll that would be easy to make and would infringe on none as long as they didn't too closely resemble any product. And from what I have seen in some cased of abuse, the rag dolls are frequiently used. This is a worthwhile project, so I hope you get it made soon! But check into making the dolls.
 
The Barbie people have tried to shut many down in the last year including Nissan and MCA records and failed. Use the doll, you'll do just fine. I would.

PS Did you know that every second two Barbies are sold somewhere in the world?
 
Moonwind said:
smithgall This would be a doll that would be easy to make and would infringe on none as long as they didn't too closely resemble any product.
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Infringe on what? Using a doll in a PSA is not infringing on anything just as using a can of Coke in a Dunkin Donuts spot isn't, they just wouldn't give Coke the free plug. If you burn the doll and tell the world Barbies are bad then they would come after you but playing with a doll is what the folks at Mattel would want to see, especially theirs.
 
Walter - I made that suggestion and added the infringe part because of the way the dolls will be used. Mattel might object to seeing a little girl or boy "boinking" Ken and Barbie while trying to convey what had happened to them. This to me is not "playing" with a doll and Mattel and many other toy companies might object to their doll being used so an abused child can point and say "He touched me here". Many companies have been known to sue of they feel the reputation of their toy may be jeapordized. So, I hate to agree with you on this topic (and would agree if the kids were giving Barbie a ride in their homemake go cart), but I would be worried about using an Icon product like Barbie in this case without permission. IMHO the subject matter itself is too important to take even a small chance that the company might come in with objections and hold up the airing.
 
Moonwind, you do have a point and I agreed with you in my above posts, when I thought that the dolls were to used to sell another product. However, imagine the concept that Smithgall has. The Barbie has the association for a lot of little girls of the perfect world, beauty, popularity, ect. To use this to showcase the horror of domestic abuse is brilliant. Go for it Smithgall. If anyone bitches, you have the moral high ground for sure.
 
Rosestar said:
Moonwind, you do have a point and I agreed with you in my above posts, when I thought that the dolls were to used to sell another product. However, imagine the concept that Smithgall has. The Barbie has the association for a lot of little girls of the perfect world, beauty, popularity, ect. To use this to showcase the horror of domestic abuse is brilliant. Go for it Smithgall. If anyone bitches, you have the moral high ground for sure.
Click to expand...

I can agree with your sentiments totally, Rosestar, and I would say go for it, too, but only with permission. The moral high ground is great ... except being tied up in court means no one gets to see the PSA. (And I agree 100% with your remarks about Barbie - especially since she would be Boom-Boom Boobie Barbie if she grew up to 5'6" :grin:. I know I'm kinda sticking to my guns in the face of a lot of oppostition, but I truly would hate to see a subject this important tied up in the court system. Even if Smith won in court, he (IMO) would also loose in that the case might be tied up so long that it would be months or years before it could air. On the other hand, Mattel might give permission in a snap due to the help it would mean to kids.
 
Moonwind, you are right, but you gotta look at it in perspective. Now I do not know what Smithgall has in mind as far as distribution, if he wants national broadcast coverage, regional broadcast coverage, local broadcast coverage, local cable coverage or to just use it for point of service presentations. If it is just a local thing, I agree with Walter and the first thing that will happen will be a cease and dissist order. All you have to do is stop. I think a company like Mattel would get a lot of bad publicity by being draconian on a local filmmaker trying to call attention to a serious problem, and that they know that.

You gotta give the guy his due, if he can pull off the ad, it would be cool for his reel.
 
Hey thisiswells Believe it or not the guy you are talking about lives about an hour and half away from me in a place called Kanab Utah. The only reason I know about this is because I had to go out and shoot an interview with him for CNN and MSNBC. The guy is one wack job and the pics are some wired stuff. He posses nude Barbie dolls on old kitchen apliences. My favorite was a Barbie lying with her but in the air and an egg beater going you know where. Crazy world out here in Utah.
 
hey gang, again thanks for the great suggestions. I Think that i am going to go the way of the fake barbies that you may find in a craft store. I was in Walmart last night and they had some girl dolls. they didnt have any male dolls but im sure i can find one. I like the one post that draws the correlation between Barbie being this Icon of beauty and then using her to show the ugliness of people. Thats what i am trying for. I think i can make the same point without it being an actual barbie but still a glamour type of doll none-the-less.

BTW- the post above by imgentertainment@mac mentions an artist that lives in Utah that poses barbies in all sorts of erotic poses. When I first read the post i thought he was refering to me....LOL. i was freaking out... I had to re-read it to see he was referencing a post from the last page. just incase anyone else made the same mistake. I am not the freaky artist that poses barbies in weird ways.......Not that theres anything wrong with it!
 
When you finish this little opus, you gotta post it.

In my previous career, I was a Paramedic for a large city and I became very disgusted by domestic violence. One of the projects I am developing right now deals with it the effects of abuse. Kudos to you.

In the words of that great philosopher, Larry the Cable Guy, "Get'er done!!!"

Good luck.
 
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