The Hillary Clinton Bobblehead Copyright Dispute: A Brief Case Study
In November 2016, Bobbleheads.com filed a copyright infringement claim in the US District Court for the Southern District of California against the brothers Corey and Casey Wright over an allegedly knockoff Hillary Clinton bobblehead. The case is a small but illustrative example of copyright protection extending to three-dimensional figurines and political memorabilia.
For the broader copyright framework, see our master pillar guide to copyright law in Italy and Europe. For an overview of the originality threshold in visual works, see our idea/expression dichotomy guide.
The dispute
Bobbleheads.com designed, marketed, and licensed a bobblehead known as the “Hillary Clinton Striped Pantsuit Bobblehead”, depicting the then-presidential candidate wearing a black-and-white prison-style pantsuit with a ball and chain attached to her ankle. The figurine became popular during the contentious 2016 US presidential campaign.
According to the lawsuit, the Wright brothers’ real estate company began selling a substantially similar bobblehead, which Bobbleheads.com alleged infringed its registered copyright. The plaintiff sent cease-and-desist notices, the defendants temporarily discontinued sales, and then allegedly resumed distribution through alternative channels, including filing DMCA counter-notices to circumvent takedown efforts.
The plaintiff sought injunctive relief, recovery of infringing copies, damages, attorneys’ fees, and a jury trial.
Why this case matters
The dispute illustrates several copyright principles applicable in both US and Italian jurisdictions:
- Three-dimensional figurines can qualify for copyright: as sculptural works, bobbleheads depicting recognisable persons can qualify for protection where the creative choices (pose, expression, accessories, styling) reflect authorial creativity beyond merely the underlying physical likeness;
- Personality rights interact with copyright: depicting identifiable persons in commercial figurines also engages personality rights — see our right to image guide;
- DMCA takedown circumvention: shifting sales to alternative platforms after takedown notices does not extinguish infringement and may worsen the position by demonstrating wilfulness.
The Italian framework
Under Italian law, three-dimensional figurines of recognisable persons engage both copyright (for the creative authorial elements) and personality rights under Article 10 of the Civil Code and Articles 96-97 LDA. Commercial use of identifiable persons in figurines typically requires consent. See our image release guide for the framework.
Contact us
For consultation on copyright in 3D figurines, merchandising disputes, or personality rights matters, book directly with Avv. Claudia Roggero or Avv. Donato Di Pelino.
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