Being Threatened with Copyright Infringement

[mandmfish]

I have made a costume cane prop similar to the cane used in the new movie "Charlie and the Chocolate Factory".
I was selling these on Ebay, and Ebay has cancelled all of my auctions stating that Upperdeck has notified Ebay stating that my homemade canes are violating their copyright.
If I do not use the name "Willy Wonka" or "Charlie and the Chocolate Factory" am I still violating copyright? even though my canes LOOK similar?
Any help would be appreciated.

 

[NYClex]

I have no idea what that cane is or looks like, but copyright law protects a certain "uniqueness" regardless of how the product is called.

Let's take Mona Lisa. If I create a painting which is very similar to the famous Mona Lisa, but the girl in my painting is smiling brightly, but I call it "Auntie Anne", would Leonardo have a copyright case against me? Most probably yes. It doesn't matter that I gave the painting a different name, and probably it doesnt even matter that my auntie Anne smiles. If it looks very much like a copy of Mona Lisa, he probably has a case.

Now let's assume that Leonardo, when he was 2 years old, created a drawing in the form of a typical stick man kids draw and called it Baby Mona.

My daughter also produces a stick man drawing which I call Baby Anne and sell on ebay. Does Leonardo have a case? Probably not, because all stick man drawings basically look alike anyway.

So the issue is, how much is a product a "copy" to be protected by copyright. We cannot answer this here on the forum in your case.

 

[mandmfish]

Ebay - Costume's - Copyright

Since the profit from a handmade replica of Willy Wonka's cane from the movie "Charlie and the Chocolate Factory" has been prohibited by Ebay, due to Warner Bros., and Upperdeck filing copyright infringement claims. Could I offer on Ebay a pair of Purple Nitrile gloves for auction and throw the cane in for free?
I would not be profiting from the cane, I would profit from the gloves.
Question being, could I still be sued by offering a free cane?
Thanks

 

[NYClex]

possibly, it still might infringe their rights.