Betty Boop in copyright and trademark

richardcadler's picture

Not sure what to make of this story--if it really has this potential, why is it not popping up in more places? But perhaps it will end up mattering as much as David Gerstein suggests:

"What I take from the judge’s ruling is that the trademark only applies to new, modern uses of the character. It can’t be used to stop people from redistributing old PD Betty images/items. Fleischer tried to say trademark trumped copyright; the judge is saying that it doesn’t."

"This is actually pretty major. In recent years, Warner has used the active trademarks on Looney Tunes characters to quash third parties’ reissues of PD 1930s/40s Looney Tunes content (of which there is a lot). If the Betty decision is not reversed on appeal, then Warner is stripped of its strongest weapon against the public domain."

"It can use the trademark against those who would create new Bugs Bunny items, but not against those who would exploit old PD material that Warner failed to protect."

0
Your rating: None

Comments

Post new comment

  • Web page addresses and e-mail addresses turn into links automatically.
  • Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd><blockquote>
  • Lines and paragraphs break automatically.
  • Link to content with [[some text]], where "some text" is the title of existing content or the title of a new piece of content to create. You can also link text to a different title by using [[link to this title|show this text]]. Link to outside URLs with [[http://www.example.com|some text]], or even [[http://www.example.com]].
  • You can enable syntax highlighting of source code with the following tags: <code>, <blockcode>, <c>, <c++>, <d5>, <d6>, <java>, <js>, <mxml>, <mysql>, <perl>, <php>, <python>, <rails>, <ruby>, <xml>. Beside the tag style "<foo>" it is also possible to use "[foo]".

More information about formatting options

CAPTCHA
This question is for testing whether you are a human visitor and to prevent automated spam submissions.
Image CAPTCHA
Copy the characters (respecting upper/lower case) from the image.