trademark Archives - Robot 6 @ Comic Book Resources
When we last left Deadmau5, the world-famous DJ/producer was publicly accusing Disney of copyright infringement in retaliation for the entertainment giant’s effort to block the trademark for his signature “mau5head” logo. At 171 pages, the company’s notice of opposition was certainly thorough, but that’s nothing compared to the DJ’s formal response.
Hollywood Esq. reports that on Monday, Deadmau5 filed more than 1,000 pages — when you take exhibits into account — with the U.S. Patent and Trademark Office, addressing not only the drier issues of whether his logo might be confused with Disney’s famed mouse ears, but also some considerably more interesting matters.
Legal | A conference has been scheduled for Oct. 27 in San Diego to discuss a possible settlement in the trademark dispute between Comic-Con International and Salt Lake Comic Con regarding the latter’s use of “Comic Con.” Comic-Con International filed lawsuit last month, claiming Salt Lake organizers are attempting to “confuse and deceive” fans and exhibitors with their use of the term. Salt Lake Comic Con formally responded on Monday, denying those accusations and asking a federal court to find Comic-Con International’s trademarks invalid. [The Salt Lake Tribune]
Banned Books Week | Reporter Sydney Gillette gets the local angle on Banned Books Week, talking with a local comics retailer and a librarian. While Missoula, Montana, has very few book challenges, the most recent one at the public library involved a graphic novel, The Furry Trap, by Josh Simmons. Neither the public libraries nor the schools in the area have ever removed a book in response to a challenge. [Montana Kaimin]
After first responding with press releases and a webpage, Salt Lake Comic Con organizers have now formally denied claims that their use of the term “Comic Con” infringes upon Comic-Con International’s trademark.
Comic-Con International sued the Utah event last month, insisting organizers were attempting to “confuse and deceive” fans and exhibitors with their use of “Comic Con.” The lawsuit specifically cited a customized Audi sent to San Diego during Comic-Con International to promote the Sept. 4-6 Salt Lake City convention.
In documents filed Monday in federal court in San Diego, Salt Lake producers Dan Farr and Bryan Brandenburg argue Comic-Con International’s asserted trademarks are invalid, and that “comic-con” and “comic con” are generic terms applied to comic conventions. They point to 10 other conventions that use some variation of the term, and note that SDCC has never taken action against them. The defendants ask for Comic-Con International’s trademarks to be ruled invalid and canceled.
Bristling for a fight with Disney over its bid to prevent him from trademarking his signature mouse-head logo, DJ/producer Deadmau5 has wasted no time in returning fire.
Rolling Stone reports the progressive-house performer is accusing the entertainment giant of using one of his songs in an animated short without permission. Linking to a Disney.com video featuring footage from classic Mickey Mouse cartoons set to the tune of Deadmau5’s 2009 track “Ghosts ‘n’ Stuff,” the DJ tweeted, “Okay mouse, I never gave Disney a liscene [sic] to use my track. So. we emailed you a C&D.”
Disney is attempting to prevent DJ/producer Deadmau5 from trademarking his signature mouse-head logo, claiming it’s too similar to the iconic Mickey Mouse silhouette. Signs that the entertainment giant would oppose the application surfaced in late March.
In a staggering 171-page notice of opposition filed Tuesday with the United States Patent and Trademark Office, and first reported by TMZ, Disney traces its use of the familiar imagery back to “at least 1928,” with the introduction of Mickey in Steamboat Willie. Disney news site Stitch Kingdom has more details about the filing, in which the company argues the mouse ears have been a key element of its consumer products “at least as early as 1955″ (that’s the year The Mickey Mouse Club premiered on television).
Legal | Attorney Evan Stassberg finds two significant problems with Comic-Con International’s trademark-infringement claim against Salt Lake Comic Con over the use of the term “Comic Con”: There are a lot of shows called “comic con,” so it could be argued it’s a descriptive term that’s not specific to the San Diego event, and precisely because there are so many events that use that term, it could be argued that Comic-Con International organizers haven’t been policing their trademark. Strassberg adds, “The Salt Lake organizers’ steadfast defiance and ongoing gravitas has turned a simple trademark dispute into a national news story with mountains of free publicity for the Salt Lake event. If this was intentional, it is an astonishing display of marketing genius. If this was mere happenstance, it is the comic book convention equivalent of the accidental invention of Post-It notes.” [Deseret News]
In the end, a federal appeals court didn’t find the case of Sherlock Holmes’ copyright status as mysterious, or as complex, as the Arthur Conan Doyle estate hoped, and today upheld that the bulk of the stories have lapsed into the public domain in the United States.
As Hollywood Esq. reports, the Seventh Circuit Court of Appeals didn’t buy the Doyle estate’s novel claim that Holmes is a “complex” character who was effectively incomplete until the author’s final story was published in the United States, leaving the entire body of work protected by copyright.
Although 50 Sherlock Holmes stories were released before Jan. 1, 1923, Doyle’s heirs have long insisted that publishers, television networks and film studios pay a licensing fee to use the characters and story elements. Many, including Warner Bros. and CBS, complied, but Sherlock Holmes expert Leslie Klinger refused to fork over $5,000 while assembling In the Company of Sherlock Holmes, a collection of new stories written by different authors. When the Doyle estate sent a letter to the publisher threatening to block sales of the book through Amazon, Barnes & Noble and other retailers, Klinger sued.
The estate of Arthur Conan Doyle asked a seemingly unsympathetic Seventh Circuit on Thursday to overturn a lower-court ruling that the elements from the first 50 Sherlock Holmes stories have lapsed into the public domain in the United States.
According to Law 360, estate attorney Benjamin Allison insisted that U.S. District Judge Ruben Castillo erred in December 2013 when he rejected the novel argument that the characters were effectively incomplete until the author’s final Holmes story was published in the United States, leaving the work protected by copyright. Castillo instead determined that all but the 10 short stories published after Jan. 1, 1923 are now part of the public domain, permitting writers and artists to use a majority of the characters and elements without paying a licensing fee to the Doyle estate.
The Seventh Circuit’s three-judge panel appeared no more enamored with Allison’s argument than Castillo did, with U.S. Circuit Judge Richard Posner characterizing the estate’s position as a “very aggressive attempt to enlarge copyright law.” He said if the appeals court were to accept the estate’s position, it would create an “irresistible temptation” for copyright holders to keep creating variations of early works simply to keep them out of the public domain.
In a surprising conclusion to their rights dispute, Edgar Rice Burroughs Inc. and Dynamite Entertainment this morning announced an agreement for the worldwide release of John Carter comics, archival material and the publisher’s Lord of the Jungle line.
ERB Inc., the family-owned company that controls the existing rights to the Tarzan and John Carter of Mars novels, sued Dynamite in February 2012, accusing the publisher of trademark and copyright infringement and unfair competition through the release of its Lord of the Jungle and Warlord of Mars comics. Dynamite responded, insisting that its series were based on material that’s lapsed into the public domain, and noting that other publishers have released Burroughs-inspired comics, using similar titles, without a license from ERB Inc.
Now that the two parties have settled their differences, and ERB Inc. has reacquired the John Carter comics rights from Disney and Marvel, Dynamite will be able to relaunch Warrior of Mars later this year as John Carter: Warlord of Mars, and introduce characters and plot elements “that were, until now, absent from recent comic book interpretations” (presumably because they remain protected by copyright). Dynamite will also republish John Carter archival material, dating back to the early 1940s comic strips written by Burroughs’ son Coleman Burroughs.
A British author is accusing DC Comics and Marvel of “banning the use of the word superhero” after he received notice that the publishers are opposing his attempt to trademark the title of his advice book Business Zero to Superhero.
“I was very shocked,” Graham Jules told BBC Radio. “I’m a new author and small business, and I’m now in the position of fighting or scrapping the entire book.” The Mail on Sunday picked up on his story, running it with a headline that’s both cliche and misleading: “Zap! You can’t say ‘superhero’.”
As many comics fans know, and Jules quickly learned, DC and Marvel have since 1979 jointly owned the trademark for “super hero” and “super heroes,” covering a range of products, from comic books and playing cards to pencil sharpeners and glue. Their renewal of that mark in 2006 drew widespread attention, as well as scrutiny from those who question whether such a term should be allowed to be registered.
Filed in federal court in Philadelphia, and first reported by Deadline, Disney’s reply is the latest volley in what began last summer as a relatively straightforward lawsuit against the Lancaster, Pennsylvania-based American Music Theatre, which was accused of using unlicensed elements from Spider-Man, Mary Poppins and The Lion King.
However, as the media giant’s attorneys later noted, that “simple case” was “transmogrified” with the surprising assertion that the theater had licensed Spider-Man … from Stan Lee Media, which was named in a third-party counterclaim (it should be noted the license was obtained after Disney filed suit).
The failed dot-com, which hasn’t been connected to its co-founder and namesake in more than a decade, in turn sued Disney on Feb. 7, seeking a jury trial regarding ownership of Spider-Man, and, presumably, other characters co-created by Stan Lee. Disney responded with a motion to dismiss, which was of course opposed by SLMI; the company maintains none of the previous court cases has directly addressed ownership of the characters.
Legal | Eriq Gardner delves into the issues underlying the continuing legal battle over unauthorized replicas of the Batmobile from the 1966 Batman television series and the 1989 film: This summer the Ninth Circuit will consider the appeal of Gotham Garage owner Mark Towle, whose Batmobile replicas were found in February 2013 to violate DC Comics’ copyrights and trademarks. While Towle argues that Batman’s ride is a “useful article,” meaning a utilitarian object not protected by U.S. copyright law, a federal judge ruled the Batmobile is “a copyrightable character.” Gardner notes that if the appeals court sides with DC/Warner Bros., “Hollywood studios would win a powerful weapon to stop products that are similar to props like light sabers and ruby slippers.” [The Hollywood Reporter]
Continuing its long, and so far wholly unsuccessful, fight for ownership of many of Marvel’s best-known characters, the tenacious Stan Lee Media has sued a Walt Disney Co. subsidiary, seeking to join a dispute about licensing Spider-Man for the stage.
In September, Disney Enterprises, Marvel and Cameron Mackintosh Ltd. sued Lancaster, Pennsylvania-based American Music Theatre, saying it violated copyrights and trademarks by using elements of Spider-Man, Mary Poppins and The Lion King in its musical revue Broadway: Now and Forever (Disney and Mackintosh jointly hold the copyright to the Mary Poppins stage production). The theater responded in November with the surprising claim that Disney doesn’t own Spider-Man. Instead, the counterclaim stated, the character belongs to Stan Lee Media, which licensed the rights to the American Music Theatre.
Legal | As the dust begins to settle on the ruling last month by a federal judge that Arthur Conan Doyle’s first 50 Sherlock Holmes stories have lapsed into the public domain in the United States, out march the analyses pointing out the buts. Chief among them, of course, is the possibility of appeal by the Conan Doyle estate, which contends the characters were effectively incomplete until the author’s final story was published in the United States (the 10 stories published after Jan. 1, 1923, remain under copyright in this country until 2022).
However, Publishers Weekly notes that because U.S. District Judge Ruben Castillo didn’t rule directly on that “novel” argument, the estate may be satisfied with the ambiguity of the decision, given that uncertain creators still may seek to license the characters to steer clear of any trouble. Estate lawyer Benjamin Allison also insists that the Sherlock Holmes trademarks remain unaffected, an assertion that puzzles author and scholar Leslie Klinger, who brought the lawsuit. “There is a very good reason why the Estate did not assert trademark protection: The Estate does not own any trademarks,” he told PW. “They have applied for them, and there will be substantial opposition.” There’s more at NPR, The Independent and The Atlantic. [Publishers Weekly]
Say what you will about the shareholders of Stan Lee Media, but despite suffering one loss after another in their decade-long battle for the rights to Marvel’s best-known characters, they’re still unwilling to concede defeat.
In papers filed Tuesday in federal court in Philadelphia, and first reported by Deadline, the failed dot-com now seeks a declaratory judgment that it, and not Disney or Marvel, owns Spider-Man, Iron Man, the X-Men, Thor and other superheroes.
The move, which comes just three months after an annoyed federal judge dismissed their multibillion-dollar claim against Disney, springs from a lawsuit filed in September by the media giant against the American Music Theatre, which is accused of using elements of Spider-Man, Mary Poppins and The Lion King in a stage revue without permission. In a surprise twist, the Lancaster, Pennsylvania-based theater responded last month that it has a license to use Spider-Man and numerous other Marvel heroes — through an exclusive agreement with Stan Lee Media. Somewhat conveniently, American Music Theatre filed a third-party counterclaim against Stan Lee Media, opening the door for Tuesday’s filing.