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Intellectual Property

Will Obamas Seek Royalties for Ty’s New Sasha and Malia Dolls?

Posted Jan 22, 2009 8:37 AM CST
By Debra Cassens Weiss

The toy maker that sells Beanie Babies is selling two new dolls with the names “Marvelous Malia" and "Sweet Sasha.”

Company spokeswoman Tania Lundeen told Crain’s Chicago Business that the dolls were created to resemble Barack Obama’s daughters, but she had a different spin in an interview with the Associated Press.

She told AP that the names were chosen simply because they are beautiful. "There's nothing on the dolls that refers to the Obama girls," Lundeen told AP. "It would not be fair to say they are exact replications of these girls. They are not."

Lundeen said the company didn’t seek permission from the Obamas to use the girls’ images, the Chicago Tribune reports.

Chicago lawyer Phillip Barengolts told Crain’s that the Obamas could seek royalties, but it’s unlikely to happen.

Barengolts said public figures have a right to control the manufacture of merchandise that bears their likeness, but in the case of political figures their rights are often trumped by free speech concerns.

“Realistically it is not something [the Obamas] would want to challenge, as long as the dolls are not offensive in any way,” he told Crain’s.

Comments

1.

Taylor
Jan 22, 2009 11:14 AM CST

I think the Obama girls will be flattered by the new ty Girlz. I had the opportunity to see them in person at the Dallas Gift Show last week.  They are adorable, cute and sweet just like the real Sasha and Malia

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2.

Kat
Jan 22, 2009 4:47 PM CST

I’d much rather have a Barack Obama action figure.  Oh yes, it DOES exist: http://squareeyes.blinkx.com/?p=277

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3.

zekethewonderdog
Jan 22, 2009 10:10 PM CST

Ty will just change the doll names to Monique and Unique

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4.

Mariah
Jan 22, 2009 10:27 PM CST

These dolls are so cute! I can’t wait to buy them.

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5.

Bird Smack
Jan 22, 2009 10:45 PM CST

Big Law made Ty do something so dastardly.  It’s all Big Law’s fault.  I don’t know what “it” is, but it’s Big Law’s fault.  Bad Big Law, bad.

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6.

Spartanfan
Jan 23, 2009 8:22 AM CST

Zeke the Wonder Dog!  Love it!

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7.

Mark B. Weinberg
Jan 23, 2009 8:57 AM CST

Why doesn’t Ty do the right thing and give one doll to inner city children’s kindergarten programs for each 10 it sells to “honor” the new era in which this product has become popular.

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8.

Legal Beagle
Jan 23, 2009 9:16 AM CST

Who knows if there will be any money for the Obamas to sue Ty.  He’s already spent $800,000,000.00 (and counting) to quash the subpoena for his birth certificate.

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9.

Bob
Jan 23, 2009 10:17 AM CST

Rather than watching private companies profit from their image and likeness (nothing against that in and of itself), the Obamas should actively encourage licensing, aggressively collect royalties, and donate the proceeds to good causes!

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10.

Andy the Lawyer
Jan 23, 2009 10:59 AM CST

Liability seems relatively clear, but I doubt Obama would do anything that later might require him to testify at the damages phase of trial.

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11.

'stina
Jan 23, 2009 11:34 AM CST

I’d like to know where Legal Beagle got the $800 million figure from.

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12.

Bill
Jan 23, 2009 12:43 PM CST

I do like the way that no one here (except legal beagle) used this as an opportunity for a political attack!  I guess lawyers can talk about issues and divorce them from their own bias.  Good job guys!

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13.

Daniel Lauber
Jan 23, 2009 2:45 PM CST

Come on now. There’s no free speech issue involved here. Malia and Shasha Obama are not political figures. They are young girls who deserve to have as private a life as possible. Imagine the teasing they’ll take at school, especially when a classmate brings one of their dolls to class. Ty, Inc. should be ashamed of itself and should cease production immediately.

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14.

kushka53
Jan 24, 2009 2:08 PM CST

Historically, lots of dolls have been based on real people. Bottom line is, lighten up Michelle. These girls are adored by the Nation and dolls can be good role models for children, who are after all innocents. They don’t hold their beloved doll and say, “hey, this is exploitation!” Besides, we are a capitalist nation, free to make money as we wish…I’m sure there will be lots of memorabilia that pays homage to this unique first family while making a buck.

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15.

Oddityman
Jan 24, 2009 9:10 PM CST

Get em while you can. The names will change and the demand will go up. Welcome to a great example of a true limited edition. I dont like the TY LIE I must admit. The dolls are great but the lie is so obvious. God bless America.

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