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ELMO puppet on EBAY?

Discussion in 'Puppets For Sale' started by PaulyPuppets, Dec 6, 2004.

  1. PaulyPuppets

    PaulyPuppets Well-Known Member

    As someone who tries to protect the copyrights of my own puppet designs, I found this interesting....Found this on EBAY. Could this be defined as copyright infringement? Doesn't say it's actually Elmo, but it sure looks as though it is. Says it's wearing ELMO clothes, and that it's a red furry monster. Your thoughts? Check it out> http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&category=11741&item=5939980269&rd=1
     
  2. Infinity Sirius

    Infinity Sirius Well-Known Member

    That's infringement and obviously a knockoff.
     
  3. ravagefrackle

    ravagefrackle Well-Known Member


    considering th epoor quality, i dont think its really a concern, but yes when you do evrything in your power(regardless of talent) to create a duplicate (excempt in cases of parody) then yes it is infringement
     
  4. I dunno. There are enough differences Elmo and this thing. The shape of the head and body, the fury eyes, the tongue. If it went to court I don't think Sesame Workshop would win.
     
  5. FISH'N'WOLFE

    FISH'N'WOLFE Well-Known Member

  6. Kimp the Shrimp

    Kimp the Shrimp Well-Known Member

    The hold the legal rights to any Marketing and/or Manufacturing/Distubution of the Name and/or Likeness of their Characters
     
  7. Kimp the Shrimp

    Kimp the Shrimp Well-Known Member

  8. FISH'N'WOLFE

    FISH'N'WOLFE Well-Known Member

    That is not the same auction that PaulyPuppets has posted. They are two separate auctions. I posted that link from the other thread since people from the puppetry section don't always browse the rest of the forum and might have missed it..
     
  9. Buck-Beaver

    Buck-Beaver Well-Known Member

    Cases of copyright infringement (how do we always end up on this subject?) are usually judged on whether or not the (alleged) infringing work is "derivative" of the original and likely to cause confusion in the market place. I think there's little doubt that this is case of someone riffing on Elmo's likeness.
     
  10. psiomicron

    psiomicron Active Member

    If you look next to the Elmo replica the counts head is there!
     
  11. Whatever

    Whatever Well-Known Member

    And a bit of a Kermit as well.
     
  12. ravagefrackle

    ravagefrackle Well-Known Member


    yeah , and besides all that, good lord is it ugly, lol
     


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