3 ms·

Does that mean that Disneys Mickey Mouse cartoons can’t be shown in Paraguay due to trade mark infringement?

yard2010 2y ago
I think that trademark has to go with a specific product. Like there's Apple computers and the other Apple. Or is it Macintosh? I can't remember
- DragonStrength 2y ago
  Famously, Apple the computer company has been sued by Apple the music company many times since its founding, usually when Apple Inc. adds or releases new music-related features. https://en.m.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer https://en.m.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer
  - soco 2y ago
    probably less famously Apple the computer company sued recently a 110-years old Swiss farmers association over using the image of an apple https://www.popsci.com/technology/apple-swiss-trademark/ https://www.popsci.com/technology/apple-swiss-trademark/
    - GJim 2y ago
      The most famous in Blighty is the McDonalds fast food chain trying to claim exclusive use of the "Mc" prefix! Needless to say, numerous Scots and Irish food businesses were not very impressed. https://www.bbc.co.uk/news/world-europe-49254551 https://www.bbc.co.uk/news/world-europe-49254551
  - MichaelZuo 2y ago
    This was settled in 2007? With Apple the computer company giving a huge payment to Apple the music company in exchange for all of their trademarks.
  - pseingatl 2y ago
    And don't forget MacInstosh stereos and amplifiers.
    - smolder 2y ago
      That's actually spelled McIntosh, which is different enough, I suppose.
eqvinox 2y ago
Trademarks have categories, e.g. "grocery store", "consumer electronics", etc.; that's what the GP's "also being careful not to overreach its trademark categories" refers to. If they tried to register the trademark for cartoons or animation, they'd likely lose it under some prior preference law. (I don't know that law, I have no clue about Paraguay's legal system, but most trademark systems have something that allows a prior/established user to kill "aggressive" trademarks. But Disney is not an established grocery store, that's the crux of this.)
- ghaff 2y ago
  My experience when involved in product naming was that lawyers tend to very conservative about such things but, yes, in theory if you're clearly an unrelated category you can reuse an existing trademark. Historically, the purpose of trademark was essentially consumer protection to avoid confusion about who made something. It's actually quite different from copyright in that regard.
- sombragris 2y ago
  > Trademarks have categories, e.g. "grocery store", "consumer electronics", etc.; that's what the GP's "also being careful not to overreach its trademark categories" refers to. If they tried to register the trademark for cartoons or animation, they'd likely lose it under some prior preference law. That's indeed the case, imho.

yard2010 2y ago

I think that trademark has to go with a specific product. Like there's Apple computers and the other Apple. Or is it Macintosh? I can't remember

DragonStrength 2y ago
Famously, Apple the computer company has been sued by Apple the music company many times since its founding, usually when Apple Inc. adds or releases new music-related features. https://en.m.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer https://en.m.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer
- soco 2y ago
  probably less famously Apple the computer company sued recently a 110-years old Swiss farmers association over using the image of an apple https://www.popsci.com/technology/apple-swiss-trademark/ https://www.popsci.com/technology/apple-swiss-trademark/
  - GJim 2y ago
    The most famous in Blighty is the McDonalds fast food chain trying to claim exclusive use of the "Mc" prefix! Needless to say, numerous Scots and Irish food businesses were not very impressed. https://www.bbc.co.uk/news/world-europe-49254551 https://www.bbc.co.uk/news/world-europe-49254551
- MichaelZuo 2y ago
  This was settled in 2007? With Apple the computer company giving a huge payment to Apple the music company in exchange for all of their trademarks.
- pseingatl 2y ago
  And don't forget MacInstosh stereos and amplifiers.
  - smolder 2y ago
    That's actually spelled McIntosh, which is different enough, I suppose.

eqvinox 2y ago

Trademarks have categories, e.g. "grocery store", "consumer electronics", etc.; that's what the GP's "also being careful not to overreach its trademark categories" refers to. If they tried to register the trademark for cartoons or animation, they'd likely lose it under some prior preference law. (I don't know that law, I have no clue about Paraguay's legal system, but most trademark systems have something that allows a prior/established user to kill "aggressive" trademarks. But Disney is not an established grocery store, that's the crux of this.)

ghaff 2y ago
My experience when involved in product naming was that lawyers tend to very conservative about such things but, yes, in theory if you're clearly an unrelated category you can reuse an existing trademark. Historically, the purpose of trademark was essentially consumer protection to avoid confusion about who made something. It's actually quite different from copyright in that regard.
sombragris 2y ago
> Trademarks have categories, e.g. "grocery store", "consumer electronics", etc.; that's what the GP's "also being careful not to overreach its trademark categories" refers to. If they tried to register the trademark for cartoons or animation, they'd likely lose it under some prior preference law. That's indeed the case, imho.