But I also agree that your drawings of Snow White and the others cannot look anything like the Disney versions that we all grew up with - and so we won't recognize them. Your own Texas-licensed intellectual property attorney needs to do the research and filter it through a First Amendment and Dastar prism and then, as my colleagues wisely note, also provide you with a down-to-earth risk analysis of your entire business plan. can you lawfully call your Snow White drawing "Snow White" in light of all the various trademark registrations that Disney owns in that name? 1191, 1196 (S.D.N.Y.1979) ("The fact that a copyrightable character or design has fallen into the public domain should not preclude protection under the trademark laws. There are cases that assert trademark law can prevent marketplace participants from doing what copyright law allows.
DISNEY PRINCESS BETTY BOOP CLIPART TRIAL
Those judges told the trial court to decide whether the "Betty Boop" word trademark could be enforced. But those same three judges reconsidered and issued an amended opinion that took back that analysis in Fleischer Studios, Inc. That court held that the name "Betty Boop" could lawfully be used commercially by anyone because the copyright in that fictional character had entered the public domain. We thought it did, at least in the 9th Circuit, with Fleischer Studios, Inc. You'd think the law would have already answered that question - but it hasn't. Good question: Once the copyright in a work expires, can its former owner use trademark law to prevent marketplace participants from commercially using the name of the work or the names of the characters in the work? Your want to know whether you can lawfully CALL those characters by those names in light of Disney's trademark registrations for those names to brand lots of various and sundry consumer products. in a way that does not infringe Disney's copyrights in its particular versions of those fictional characters. Let's assume you're correct that you can draw Cinderella, Snow White, Alice, etc. Sack's postings on Avvo are of a general nature, based on the facts provided and are not intended to be taken as legal advice or to establish an attorney-client relationship. Call and speak with an experienced Trademark attorney who can assist you.
DISNEY PRINCESS BETTY BOOP CLIPART FREE
Many Trademark/IP firms offer an initial free conference by telephone, video conference or in person if you are available locally and would be happy to speak with you. Should you need further detailed advice, I suggest that you contact an experienced Trademark litigation attorney who can search the names that you wish to use to make sure that they are not registered to Disney or others, and advise you in confidence. However, as far as the names, Disney has many registered trademarks, and your names cannot create a likelihood of confusion as to source or sponsorship with the Disney names that are registered as trademarks. You can't copy or paint your interpretation of the Disney cartoon characters, since that would infringe Disney's copyrights. Good luck! MoreĪs you stated, you can draw your own interpretation of story characters, as long as the story (from the 1800's and earlier, is old enough to be in the public domain. If my answer is useful to you, though - perhaps in deciding whether to consult a lawyer directly, or in some other way - then I'd appreciate it if you could indicate that by clicking one of the feedback indicators ("helpful," "best answer," etc.) that provides. I'm A lawyer, but I'm not YOUR lawyer unless and until we've both agreed to terms and we've both signed a written Representation Agreement, so don't treat my answers here as legal advice upon which you can rely. Kudos to you for asking here before just steaming ahead blindly.
Hire a qualified IP lawyer to guide you if you insist on taking these risks. If Disney doesn't act aggressively to protect their intellectual property rights from small infringers, then the courts won't grant them relief against big infringers someday, so as a result, they jump on even small infringers with both feet (wearing big hobnailed boots). Many ordinary people who thought they'd escape the Mouse's notice - that they were too small to bother with - have found out to the contrary how very wrong they were.
There is a very famous, VERY rude expression used in Hollywood and in Florida to warn anyone who might think that just because their target audience is children and romantics, the Walt Disney Corporation goes easy on anyone who crosses it: "Don't f*ck with the Mouse!"ĭisney not only still asserts its copyright and other intellectual property rights to its Disney version of many storybook characters, its very high-priced lawyers can and do sue in federal court, getting emergency injunctions and then waging litigation war very aggressively.
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