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Studios racing to make Steamboat Willie going public domain become gauche as fast as possible (hexbear.net)

submitted 10 months ago by [email protected] to c/[email protected]

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https://nitter.net/DiscussingFilm/status/1742188058001256615

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[–] [email protected] 7 points 10 months ago* (last edited 10 months ago)

You can take Mickey from Steamboat Willie, make him wink, give him tie-dye shorts and pink skin, and use him as the logo Mickey Dishwasher Soap—you can't use him as is for a trademark because it's too generic.

You can't use his ears for an animation studio or a TV channel because it's easy to confuse with Disney's trademarks.

Trademarks are limited by category (which is why Apple Computer got into a lawsuit with Apple Records only after Apple Computer launched iTunes, before it was perfectly fair) and enforced on similarity. Also a trademark has to be distinct but doesn't have to be original, you can use a bitten apple as a trademark but you can't copyright that shape.

Edit: another difference between trademarks and copyright is that you never lose the copyright, but you must keep enforcing a trademark. If you let your brand become the generic term for a product, if you let others use your mark without suing them, then you lose the rights over the name.