Discussion:
What is the name of your state?What is the name of your state? Ohio
Hello- I recently completed an animated film. The characters in the film are stuffed animals which, to my knowledge, are not widely recognizeable.
The film does not show the logos nor names of the companies that make the stuffed animals, nor is there any indication that those companies are endorsing or are in any way associated with my film. Do I still need to contact these companies for permission to have the stuffed animals in my film before distributing my movie for profit? Thanks!!
For your reference, excerpts from the film can be viewed at:

Answer:
Never hurt anyone. It looks like a parody so I doubt it. There have been many films that have used Barbie dolls that never got permission, and didn't get sued. Check out eBay for Barbie dolls that have been modified for artistic renderings. Mattel isn't suing them. I guess that is a drunken Shamu? Funny.
As a fellow artist, personally, if I'd have done this, heck I'd love the publicity if they DID sue! 1st Ammendment kinda makes them public figures anyway just like a celebrity. I might even have a friend send them a copy of the DVD, tape, etc so they know about it. And, never know who's watching. I got my agent after they read one poem I posted on a newsgroup.
The only bad publicity is NO publicity. - Henry Ford
Answer:
Do I still need to contact these companies for permission to have the stuffed animals in my film before distributing my movie for profit? If they are patented, no. First sale doctrine will protect you there.
However, if the likeness of the figures themselves is covered under trademark, the question is less clear-cut. The "barbie" thing another poster mentioned is parody -- I don't know if what you are doing is a parody or not.
The film does not show the logos nor names of the companies that make the stuffed animals, nor is there any indication that those companies are endorsing or are in any way associated with my film. "Likelihood of confusion," the test for trademark infringement, is broader than "any indication" -- confusion can occur anyway. Are the figures (likenesses) themselves trademarked (i.e., does the company claim a tradmark in its logo, or in the figures themselves, or both)? If not, then you are okay. If yes, then you need to decide whether or not what you are doing is infringing -- you can either contact the company themselves for permission, or you can ask a local attorney experienced in trademarks to opine on whether or not your useage of the characters is likely okay.
As a fellow artist, personally, if I'd have done this, heck I'd love the publicity if they DID sue! Only if you can afford the lawyer to defend yourself -- a default judgment against you isn't going to help...
1st Ammendment kinda makes them public figures anyway just like a celebrity. I might even have a friend send them a copy of the DVD, tape, etc so they know about it. What?