TGIP (Posner): But we do need to explain the oddity of there being collectors guides for a line of childrens toys . . . . As a marketing gimmick, Ty deliberately creates a shortage in each Beanie Baby by selling it at a very low price and not producing enough copies to clear the market at that price. As a result, a secondary market is created, just like the secondary market in works of art. The secondary market gives widespread publicity to Beanie Babies, and the shortage that creates the secondary market stampedes children into nagging their parents to buy them the latest Beanie Babies, lest they be humiliated by not possessing the Beanie Babies that their peers possess. The appeal is to the competitive conformity of children—but also to the mentality of collectors. Ty, Inc. v. Publications Intl Ltd., 292 F.3d 512, 518 (7th Cir. 2002)
Posted on: Wed, 02 Apr 2014 00:09:17 +0000
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