4 ms·

Even if that were possible, I think a trademark is only valid in the industry you're part of. So, if for example a welding company wanted to put Mickey Mouse on

Even if that were possible, I think a trademark is only valid in the industry you're part of. So, if for example a welding company wanted to put Mickey Mouse on their sign, no reasonable person could confuse their products with Disney's products, so the trademark shouldn't apply. Additionally, every distinct image of Mickey Mouse would have to be registered as its own trademark. Trademarks exist to distinguish competing products from each other. A trademark is a specific image used to make that distinction: it can't cover an entire concept or character.

HWR_14 4y ago
A trademark doesn't have to be a 1:1 copy of a specific image, it can cover an entire character if the company can convince a jury the public is likely to be confused. Or prove me wrong by marketing your Dr. Peanut nuts with a large anthromorphised Dr. Peanut mascot. Or actually, according to you, you could use the same Mr. Peanut mascot in a new pose. Try that. Meanwhile, I know Disney has "Mickey as a Welder" logos, so maybe they would have some claim to your welding shop. Disney is into everything.
- philipov 4y ago
  You're right that an entire character is probably trademarkable because two similar logos are likely to be confused for each other, but I don't think that's enough. Disney may depict Mickey as a welder in some logo, but unless Disney is using that mark to identify its products in the welding industry, they ought have no right to interfere with someone else doing so. Trademarks exist so I can't trick people into buying my product instead of your product. So if you're not offering a competing product, you ought have no right to control that use.
zeroonetwothree 4y ago
This doesn’t make sense, clearly if a welding company had a Mickey Mouse logo it would appear as if it’s related to Disney and thus be confusing. But you would be able to create new artistic works with the mouse, which is very good.
- philipov 4y ago
  Trademarks exist to eliminate confusion between competing products. Your welding service should not be confused with my welding service. Because Disney does not offer welding services, they are not competitors, and confusing one competing product for the other is not possible. Therefore, any trademarks Disney has in the entertainment industry ought not apply.
  - iggldiggl 4y ago
    Interestingly, Disney has included Nice Classification class 06 in their trademark, which basically seems to cover all sorts of metalworks and products made from metal in general. Class 40 (which in addition to welding covers all sorts of random other services, including printing both classic and 3D, glass making, cheese refining, waste separation, …) on the other hand isn't included, so a Mickey Mouse-branded welding business should in theory be fine as long as you don't try to sell Mickey Mouse-branded steel girders or pipes as well :-)

HWR_14 4y ago

A trademark doesn't have to be a 1:1 copy of a specific image, it can cover an entire character if the company can convince a jury the public is likely to be confused. Or prove me wrong by marketing your Dr. Peanut nuts with a large anthromorphised Dr. Peanut mascot. Or actually, according to you, you could use the same Mr. Peanut mascot in a new pose. Try that. Meanwhile, I know Disney has "Mickey as a Welder" logos, so maybe they would have some claim to your welding shop. Disney is into everything.

philipov 4y ago
You're right that an entire character is probably trademarkable because two similar logos are likely to be confused for each other, but I don't think that's enough. Disney may depict Mickey as a welder in some logo, but unless Disney is using that mark to identify its products in the welding industry, they ought have no right to interfere with someone else doing so. Trademarks exist so I can't trick people into buying my product instead of your product. So if you're not offering a competing product, you ought have no right to control that use.

zeroonetwothree 4y ago

This doesn’t make sense, clearly if a welding company had a Mickey Mouse logo it would appear as if it’s related to Disney and thus be confusing. But you would be able to create new artistic works with the mouse, which is very good.

philipov 4y ago
Trademarks exist to eliminate confusion between competing products. Your welding service should not be confused with my welding service. Because Disney does not offer welding services, they are not competitors, and confusing one competing product for the other is not possible. Therefore, any trademarks Disney has in the entertainment industry ought not apply.
- iggldiggl 4y ago
  Interestingly, Disney has included Nice Classification class 06 in their trademark, which basically seems to cover all sorts of metalworks and products made from metal in general. Class 40 (which in addition to welding covers all sorts of random other services, including printing both classic and 3D, glass making, cheese refining, waste separation, …) on the other hand isn't included, so a Mickey Mouse-branded welding business should in theory be fine as long as you don't try to sell Mickey Mouse-branded steel girders or pipes as well :-)