Barred from Using the 'B' Word: Mattel's IP Crackdown
Mattel's Strict Trademark Policies: What Etsy Sellers Need to Know
As an Etsy seller, I recently stumbled upon a question about whether sellers need to blur out the faces of American Girl (AG) dolls to avoid copyright infringement. Curious, I dug deeper and found page after page of sellers who had their Etsy shops closed or listings deactivated due to trademark infringement.
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Most companies don't mind when sellers use images of their products, but Mattel (the manufacturer of AG and Barbie) is a different story. In fact, some YouTubers have stopped making videos featuring Mattel's dolls due to the company's strict policies.
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What Constitutes Trademark Infringement?
When it comes to trademarked names or intellectual property, copyright infringement is often referred to as trademark infringement. Trademark infringement occurs when someone uses a trademarked name, logo, or symbol without permission, in a way that's likely to confuse consumers or dilute the trademark owner's brand identity.
"Q. I would like to make or purchase product on Etsy utilizing Mattel intellectual property. Can I obtain permission to do so? A. Development, production, and sale of product utilizing Mattel intellectual property is unauthorized without a license agreement."
According to Intellectual Property (IP) Law Attorneys on Avvo, showing an image that even appears to be a Mattel doll can lead to hefty fines – up to $750,000 in damages.
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In the case of Mattel's dolls, trademark infringement might include:
- Using the trademarked names "Barbie" or "American Girl" without permission (whether it's in the title, description, tag, shop name, etc.)
- Creating products or marketing materials that resemble Mattel's branding (I was actually warned that my Peaches and Cream outfit could possibly be copyright infringement, but since have found out that it is not.)
- Using logos, symbols, or font that are similar to Mattel's trademarks
- Using images of the dolls without permission
The Risks of Trademark Infringement
Mattel has a form where you can ask permission to use their dolls for images and it states in their FAQ section:"Q. I would like to make or purchase product on Etsy utilizing Mattel intellectual property. Can I obtain permission to do so? A. Development, production, and sale of product utilizing Mattel intellectual property is unauthorized without a license agreement."
According to Intellectual Property (IP) Law Attorneys on Avvo, showing an image that even appears to be a Mattel doll can lead to hefty fines – up to $750,000 in damages.
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Protect Your Etsy Shop
To avoid any potential issues, I've taken steps to protect my own Etsy shop. I have blurred the faces of AG and Barbie dolls in my images and removed any references to the dolls' names in titles, descriptions, and tags.
Interestingly, some sellers seem to fly under the radar, while others are targeted. It's possible that some shops have obtained permission to use the images, but it's unclear.
A Possible Solution
To sidestep these issues altogether, I've purchased a non-AG 18" doll for future product photography. It's ironic that the sole purpose of purchasing an AG doll in the first place was to showcase products on an AG doll. Many people have also said they will no longer purchase Mattel's dolls since they are so strict with the small businesses on Etsy. Mattel is losing money by being so stingy with their product use.
In short, if you're an Etsy seller or just curious about Mattel's copyright policies, be aware: they're serious about protecting their intellectual property!