"Do I Need A License To Make This Toy?"

Successful toys are very often miniature recreations of persons or objects in the real world or from an entertainment property. Whether or not the toy maker needs permission (a license) to make that recreation depends on several factors. These include the nature of the real world property, what kind of intellectual rights are involved (such as trademark or copyright), the nature of the toy, practice in the trade (in other words, do toy makers typically get licenses for that kind of toy), consumer perception (whether consumers assume that type of toy is usually licensed) and law already developed in prior infringement cases. A review of these factors allows us to state some general rules for certain types of toys.