Thanks Criterion for the good info, I’m consulting with an attorney.

Andrea- to answer your question- the company in question does not accept unsolicited suggestions/ideas, and going through a broker has not worked out so far.

I am not sure that I am answering your question, but this sounds like more of a trademark issue than copyright. What is most important is that consumers would not confuse your product as being affiliated with, manufactured by, endorsed by, or what not by the manufacturer/brand of the existing toy/game.

GENERALLY (i.e. if there are stakes at play, consult with an attorney), for example, if you are selling a case for an iPod, there is nothing wrong with call it an “iPod case” per se, so long as there is no likelihood that consumers would assume that your iPod case was manufactured by or endorsed by Apple, and so long that consumers would not confuse the name ‘iPod’ as being affiliated at all with you or your product. Whether or not you mentioned or showed “Apple” or “iPod” would be somewhat besides the point.

That said, even where there was quite arguably no trademark infringement, some brands/companies (like, say, Apple), tend to be particularly protective and litigous and could hit you with a cease and desist and/or lawsuit anyways.

Why don’t you go to the company and see if they would bite on a license?? You would have to get permission to use any of their products regardless of video’s, pictures, etc…good luck!