Toy and novelty makers can run afoul of trademark law when their items look too much like their “real life” counterparts. Consider the example of a company that makes a miniature novelty “Humvee” having a grille and design that looks like the popular Hummer vehicle.
In short, General Motors wins and Lanard Toys loses because of improper use of intellectual property belonging to General Motors. Even though cars and toy cars are not the same goods, they can give rise to infringement actions.
James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."