by Stephanie Pottick, Esq., Pottick Law PC & Protect for Success
Nostalgic toys are making a comeback, and that means more people are trying to revive old IP. After all, with these properties, brand recognition already exists, and consumers are eager to reconnect with the characters and products they grew up with. But before you dive in and start spending money on marketing, selling, and manufacturing products from your childhood, you need to think about the legal considerations.
Because the biggest question shouldn’t be: “Is this IP ready for a comeback?” It should be: “Does someone else still own this IP?” And this is not an easy question to answer.
Due diligence is key. Here are some helpful inquiries and tips to get you started (for U.S.-related IP):
Trademark: Is there a valid federal trademark application or registration? Look at USPTO.gov to review application and registration status, listed owners, and assignments for the IP.
Copyright: Are there valid copyrights associated with the brand? You can search copyright.gov, but copyrights exist on creation, so even if you don’t find a copyright registration, that doesn’t mean it’s not protected. A helpful tip: Even if a trademark appears available, there may be valid copyrights attached to the brand’s characters or other aspects. While copyrights don’t last forever, they do last a long time.
Patent: Is there a patent that hasn’t expired yet? You can check out patent applications, registrations, and assignments at USPTO.gov, but with nostalgic IP, the odds are lower that a patent is involved.
Stephanie Pottick, Esq.
Search: The internet is a powerful research tool for checking whether someone else has the same idea or is working on something similar. If they are, you may want to move on.
Chain of Title Inquiry: This is a bit harder since there isn’t a dedicated website for this, but trying to figure out whether the IP was assigned to a third party can help you determine whether someone still owns it, or at least some aspect of it.
There is no one-size-fits-all solution, but doing your due diligence up front can help minimize legal issues down the road. The truth is, there is almost no way to know for sure whether one or more parties still own or will claim ownership of the brand or IP, so ultimately, whether or not to move forward should be your own informed business decision.
Finally, remember that IP rights vary by country, and if something isn’t protected in the U.S., that doesn’t mean it’s not protected in other countries. So, even if you can successfully launch that classic IP in one country, you may not be able to protect or launch it in another.
Before you move forward, investigate. The last thing you want is to spend time, money, and effort to successfully bring back an IP just to lose it to someone else in a lawsuit. Stay safe and stay legal!
Disclaimer: This article is for informational purposes only and not intended as legal advice. Don’t rely on anything without doing your due diligence first.
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A version of this feature appears in The Toy Book‘s 2026 Fall Toy & Licensing Preview Issue. Read the full issue here!
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