JWG
Well-Known Member
So if a website started using WDW as its logo and advertised on that basis, it would be acceptable because there is enough to differentiate the Disney brand and the ography? There's little likelihood for confusion, but you better believe Disney would litigate. Any responsible company would do the same thing if a morally reprehensible organization were using one of its trade names. Sorry to the 'pro' wrestling fans in here, but there certainly are more than a few aspects of wrestling that a lot of members of the general public find objectionable.
I know most people around here like to argue without any knowledge of the facts or law (by the way, let's see those domain traffic stats proving 'far and I mean far' more people visited wwf.com looking for wrestling), but this didn't just come out of nowhere. The World Wildlife Fund sued the Wrestling organization in 2000 because the terms of a 1994 agreement had been breached. If the Wrestling org. had a problem with the terms of the agreement, 1994 would have been the time to argue it. Not 2000. The argument for breach is wholly different than what the argument would have been in 1994.
I think another fair difference here is that Disney would have no agreement for this action/activity and would likely quickly move to cease. Though, I would argue just using "wdw" isn't a brand or logo infringement otherwise AAA would sue every "AAA Plumbing, "AAA Electrical" "AAA Awesomest Pizza Ever" out there. Everyone used to want to be first in the phone book.
Since World Wildlife Fund apparently had an agreement with WWF and then changed their mind, I think it's a bit unfortunate. I feel the same about the Luxo suit. You were ok with it for 23 years and now it's a problem? If the animated short was called Luxo Jr. then having a product (that looks the same as it did 23 years ago and is called the same thing) now should be ok, too. What's changed to make Disney's use offensive or harmful to the brand all of a sudden? Maybe Pixar had an agreement to use the Luxo name in that original short film sense only and have reached outside the agreement for an actual toy? Or, more likely, Disney's pockets are a hell of a lot deaper and there's an opportunity to settle because we know these things rarely make it to court. In my mind, Luxo's doing themselves more harm than Disney is. I don't think I'm going to confuse the fact that if I want a Luxo lamp that I can't buy it from Disney. And even if I do, I'm pretty sure Disney will quickly give me a strange look and chuckle when I stop in to ask them for one before letting me know how to find the real Luxo.
It's free advertising.