Earlier this month, Ty Inc., the company that makes Beanie Babies, launched a pair of dolls called called “Sweet Sasha” and “Marvelous Malia.”
Hmm… Sasha and Malia. Where have we heard that before? Oh right, the Obama girls.
The dolls, which look suspiciously like the daughters of President Obama and his wife Michelle, are being sold as part of the Ty Girlz collection. The company, however, has claimed that it’s all a big coincidence.
According to spokeswoman Tania Lundeen, the dolls were given those names because “they are beautiful names” and not because of the Obamas. Lundeen goes on to say, miraculously without laughing out loud, that “[t]here’s nothing on the dolls that refers to the Obama girls.” She claims further that the company avoids naming dolls for “any particular living individual” because it might interfere with how kids use their imaginations to play with them.
Right.
While Ty Inc. went on its media offensive, clearly spouting whatever they need to say to gain more attention (and, thus sales), Michelle Obama released a statement that said: “We feel it is inappropriate to use young private citizens for marketing purposes.”
Inappropriate, sure. But illegal?
The verdict on this is mixed. Are the Obama girls considered private citizens or public figures? Is this a violation of the right of publicity? Do the dolls imply a false endorsement by the Obamas of Ty Inc.’s products? Does Ty Inc. have a First Amendment right to sell these dolls?
I suspect the answers to these questions will never really be known. My guess is that the Obamas will not pursue legal action, nor will Ty Inc. willingly give up a cash cow lucrative product.
What do you think?
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{ 2 comments… read them below or add one }
While I think that the Obamas are going to do what they can to make their daughters’ lives as “normal” as possible I don’t see them as being “private citizens.” I guess it’s an interesting issue considering the age(s) of the girls.
TY is taking advantage of the interest in the names - the other dolls in the series have similarly “coincidental” names like: Jenna, Hillary, Paris and Britney.
Unfortunately, this is one of the things which does (or should) scare parents of young children away from public service. Like it or not, the kids will have a tough go of it, in between the hardball that is politics and the capitalist world’s tenacious chase of the next big money maker.