Yep, that’s our Elly May alright. I only wonder how the actress has rights to the character. Wouldn’t the producer’s hold those rights?
Mattel needs to pay somebody, that’s for sure. I don’t blame her for suing, but I’m not sure she’s the wronged party.
For example, if you wanted to do an illustrated story based on a character Terri Garr played, you can license the character from its owner, but you'll have to change the appearance since she controls her likeness and doesn't authorize its use.
In this case Mattel used a photo of the actress herself in character so there's no question whether it's her or not.
Some clerk or lawyer dropped the ball. It's quite common.
They used her picture on the packaging. The actor has rights to their own image............
No pay-ee no pic-ee..........