3 ms·
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 co
by 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 agoYou'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.