4 ms·
> AIUI you would be able to reproduce Steamboat Willie verbatim The cynic in me suspects that even this might be challenged. Is there anything specifically pre
by wgjordan 5y ago
> AIUI you would be able to reproduce Steamboat Willie verbatim
The cynic in me suspects that even this might be challenged. Is there anything specifically preventing trademark protections from applying to unauthorized verbatim reproduction, and only derived works?
- kibwen 5y agoThe goal of trademark is to protect one's reputation by preventing other people from attributing work to you that you did not authorize. Disney unambiguously did authorize Steamboat Willie and its representation of Mickey Mouse, so a verbatim reproduction clearly cannot cause consumer confusion. Trademark law does not need to specifically prevent it, because there's no trademark violation in the first place. Only once you start making unauthorized changes to the source material does there start to be an argument that you are threatening Disney's reputation. Of course, just because using trademark in this way is nonsensical doesn't mean that Disney won't try and/or succeed. But it would be pretty outrageous. The only reason to entertain this notion at all is because Disney's past actions regarding copyright have been outrageously evil to begin with.
- extra88 5y ago> The goal of trademark is to protect one's reputation by preventing other people from attributing work to you that you did not authorize. I wouldn't put it that way. Trademark [0]: * Identifies the source of your goods or services. * Provides legal protection for your brand. * Helps you guard against counterfeiting and fraud. > consumer confusion Yes, preventing consumer confusion is an important reason for trademark laws to exist, as a protection against counterfeiting and fraud. [0] https://www.uspto.gov/trademarks/basics/what-trademark https://www.uspto.gov/trademarks/basics/what-trademark