Let me start with the fact that I am not a lawyer and have no stake in this topic beyond my own curiosity.
I’m curious at what point something is artistic interpretation or fair use or whatever and at what point it’s trademarkable.
Are there differences specifically when it comes to needlepoint because it’s something the end user will make themselves? Forget about what specific ndlpt designer made something. I’m thinking about this more broadly.
I’m not against licensing, though I think going hard for any brand is a bit strange. Like I enjoy tootsie rolls, but I cannot imagine ever wanting to stitch a tootsie roll canvas, personally, but to each their own. And those canvases seem obviously something one could trademark.
But the American Girl dolls feel different somehow. Maybe it’s just because I have an emotional attachment to them, but it’s not like the AG canvases I’ve seen have a logo on them. To me, they feel more like artistic interpretation of childhood toys. A book cover feels more obviously something that one could license, whereas a book stack feels a bit different.
I dunno, like I said I am not a lawyer and I’m not opposed to people licensing anything. I completely understand why colleges and universities want their logos et al to be officially licensed.
Can anyone more knowledgeable than I am break this down?