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yes it probably is. Because the brownie elf is probably copyrighted. so yes. and it is probably a trademark.

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Q: Is it illegal to sell shirts with the brownie elf on it?
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What is an elf who is said to do helpful work at night called in folklore?

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How do you get a real living elf?

well, Santa is not real but i believe elf dolls are. there is no way to get a real live elf like one that will move right in front of you and talk to you. but if you want a elf you can go to elf magic.com, pop-in-kin.com,or elfontheshelf.com. there is a place called creative kids toy shop where they sell an elf called elf magic. you can go to elf magic.com and then go to north pole supply post and it will tell you stores that have elf magics in your area. good luck!