YesterEars Vintage Apparel Collection

hopemax

Well-Known Member
What does this even mean?

I don't know how far this extends to other types of merchandise, but pin traders claiming "disappointment in what Disney offers" have started making their own pins. They "claim" they are LE 50 or 100 and then charge $35 or $50 a piece for them. There are now hundreds of so called "fantasy pins," mostly sold via Facebook or Instagram, but some make it on Ebay (go ahead, search Disney fantasy pin on Ebay), but it's all just pirated merchandise because none of them have licenses to produce Disney items. Then they are taking the proceeds of their pin sales to finance the rest of their life, including their park admission.

I bought the Dreamfinder shirt. If I believed that not buying them would make a difference, maybe I'd think differently. But the only message that talks is $$$ so if this vintage stuff, that ops management deemed past its time and outdated can outsell all their current merchandise (like all the Disneyland 60th merchandise that was not only bad graphics but the worst kind of China cheap crap, at the WDW outlet stores including Cast Connection), that's a message I'm okay sending. I grew up in the very northwest corner of Washington state, and I didn't get to WDW until 1995, so I never had an opportunity to purchase an original. There is very little about current Disney that is satisfying, the shirt is a rare exception.
 

Bairstow

Well-Known Member
I don't know how far this extends to other types of merchandise, but pin traders claiming "disappointment in what Disney offers" have started making their own pins. They "claim" they are LE 50 or 100 and then charge $35 or $50 a piece for them. There are now hundreds of so called "fantasy pins," mostly sold via Facebook or Instagram, but some make it on Ebay (go ahead, search Disney fantasy pin on Ebay), but it's all just pirated merchandise because none of them have licenses to produce Disney items.

People aren't just making bootleg pins anymore, they're making their own original designs? And other people are buying them?
That's actually pretty awesome, and the logical endgame to what Disney has been doing to the pin collector/trader situation for the last 10 years or so.
 

Sundown

Well-Known Member
I think these T-Shirts & designs are fantastic. The designer is a huge Disney fan, who through his incredible talent now is a full time cast member.

He has hundreds of ideas for cool t-shirts. He said it all depends on how these initial YesterEars shirts sell, to see if we get more. In the past he's designed shirts for the Haunted Mansion and he's a fan of the WDW magic shop, the House of Magic. So I for one hope this line does well.

Also, I didn't know that "YesterEars" (with same logo) was a retro-memorobilia store at Disney MGM Studios?
 

dreamfinder

Well-Known Member
People aren't just making bootleg pins anymore, they're making their own original designs? And other people are buying them?
That's actually pretty awesome, and the logical endgame to what Disney has been doing to the pin collector/trader situation for the last 10 years or so.

Yeah. I want to say that some of the vinylmation customizers were even making LE run pins of some of their custom vinyls.
 

Buried20KLeague

Well-Known Member
People aren't just making bootleg pins anymore, they're making their own original designs? And other people are buying them?
That's actually pretty awesome, and the logical endgame to what Disney has been doing to the pin collector/trader situation for the last 10 years or so.

Unless the stuff is trademarked. Characters or attraction names or what have you. And I doubt a pin is too popular without one of those.

At that point, it's up to Disney to decide if it's worth tracking down the creator of 50 XS Tech pins vs. just letting it quietly happen.
 

asianway

Well-Known Member
I think these T-Shirts & designs are fantastic. The designer is a huge Disney fan, who through his incredible talent now is a full time cast member.

He has hundreds of ideas for cool t-shirts. He said it all depends on how these initial YesterEars shirts sell, to see if we get more. In the past he's designed shirts for the Haunted Mansion and he's a fan of the WDW magic shop, the House of Magic. So I for one hope this line does well.

Also, I didn't know that "YesterEars" (with same logo) was a retro-memorobilia store at Disney MGM Studios?
So by all means - buy knockoffs or support an artist and merchandise team that enjoys those memories as much as we do.

I know what Ill do.

PS: the shop was at Pleasure Island - the portion of Paradiso closest to Jocks/Boathouse
 

Bairstow

Well-Known Member
So by all means - buy knockoffs or support an artist and merchandise team that enjoys those memories as much as we do.

I know what Ill do.

PS: the shop was at Pleasure Island - the portion of Paradiso closest to Jocks/Boathouse

Wouldn't the people putting together the knockoffs, by definition, enjoy the memories of the attractions more than the company that decided to rip them out in the first place?

I'm not saying it's legal, just that the "artist enjoyment" argument isn't the strongest one.
 

RobidaFlats

Well-Known Member
So by all means - buy knockoffs or support an artist and merchandise team that enjoys those memories as much as we do.

There are a lot of reasons not to buy knockoffs, but this is not one of them. I certainly don't condone copyright infringement but your statement is not the way to argue against it. This kind of argument allows someone to justify the purchase of knock-offs because they are supporting an artist "that enjoys those memories as much as we do". Just because someone doesn't work for WDW doesn't mean that they don't enjoy the memory of past attractions at least as much as cast members.

If I don't have it already, I'm sure that I will shortly have a reputation as a nitpicker, but it is important to properly argue your case. If you don't, you undermine it and make it easier for others to justify their position without a solid foundation.

Edit: I see @Bairstow posted the same thought as I was typing my response.
 

lazyboy97o

Well-Known Member
Unless the stuff is trademarked. Characters or attraction names or what have you. And I doubt a pin is too popular without one of those.

At that point, it's up to Disney to decide if it's worth tracking down the creator of 50 XS Tech pins vs. just letting it quietly happen.
Maintaining a trademark requires protecting it.
 

RobidaFlats

Well-Known Member
Maintaining a trademark requires protecting it.

Are you sure? I haven't see anything about that on the Maintenance Documents required by the US Patent and Trademark Office. It would seem odd if a holder was forced to take action against every minor infringement in order to maintain legal protection. That would lead to a large number of nuisance infringements as people tried to force the loss of trademark protection through inaction.
 

lazyboy97o

Well-Known Member
Are you sure? I haven't see anything about that on the Maintenance Documents required by the US Patent and Trademark Office. It would seem odd if a holder was forced to take action against every minor infringement in order to maintain legal protection. That would lead to a large number of nuisance infringements as people tried to force the loss of trademark protection through inaction.
It's why Disney went after those day cares. The expectation isn't to catch everything, but it can't just be ignored because the right people are doing it.
 

RobidaFlats

Well-Known Member
It's why Disney went after those day cares. The expectation isn't to catch everything, but it can't just be ignored because the right people are doing it.

Do you have any sources that cite loss of legal trademark protection due to selective enforcement? I'm genuinely curious about this.
 

MagicHappens1971

Well-Known Member
Do you have any sources that cite loss of legal trademark protection due to selective enforcement? I'm genuinely curious about this.
To my understanding, even if the character is owned by a company and an artist creates a design, the said company can't go after the artist unless they produce more then 999 of those items. Thats what someone told me, not sure if its accurate or not.
 

RobidaFlats

Well-Known Member
To my understanding, even if the character is owned by a company and an artist creates a design, the said company can't go after the artist unless they produce more then 999 of those items. Thats what someone told me, not sure if its accurate or not.

I can confirm that that is not correct. The number of infringements is irrelevant to whether or not there is legal liability. However, I wouldn't be surprised if some companies had internal limits defining what they are willing to pursue.
 

MagicHappens1971

Well-Known Member
I can confirm that that is not correct. The number of infringements is irrelevant to whether or not there is legal liability. However, I wouldn't be surprised if some companies had internal limits defining what they are willing to pursue.
I didn't think it was. Someone told me it was but I wasn't sure.
 

V_L_Raptor

Well-Known Member
I can confirm that that is not correct. The number of infringements is irrelevant to whether or not there is legal liability. However, I wouldn't be surprised if some companies had internal limits defining what they are willing to pursue.

Some years ago (mid-90's), a science fiction/fantasy author developed an unfortunate reputation for interacting with her fans as though the fans who tried to create fan works were absolutely, fully, forever, and always violating her trademarks. It wasn't so much a matter of copyright expressed as such -- among other things, she would explain that location and character names were trademarked, and that she had to defend her trademarks or else lose them. Upshot, you couldn't post so much as a notebook scribble meant to resemble a character in one of her books without getting some kind of C&D from her attorney. (Jay Katz was his name. Anne McCaffrey was the author. Kind of obnoxious at Dragon*Con as a guest, too, to tell the truth, but that's yet another story.)

At one point, Dearest, Sweetest AnnieMac held an officially sanctioned fan art contest. Artists were allowed to draw/paint characters, settings, and the like from her books, and the DragonLady would judge which was best. (Might've been a ribbon or summat given, maybe a certificate. I forget that part.) I remember quite clearly, though, that the first prize winner had artwork that was pretty well admired within the fandom and all around. What I also remember fairly vividly was that same artist getting a Cease and Desist from Anne McCaffrey's legal team a few days later for... yep, trademark-infringing art.

My point in bringing up this story is that internal limits are really just a benchmark for the trademark holder's paranoia about their property, and that the need to defend trademarks else lose them is fairly well engrained in many circles. I imagine that something somewhere has said something to the effect that the defense is necessary, but even if it's false, it's been making lawyers money for a long time. (As far as Disney goes, I've seen some great underground Seabase Alpha shirts that have gone the way of the dodo...)
 

RobidaFlats

Well-Known Member
Some years ago (mid-90's), a science fiction/fantasy author developed an unfortunate reputation for interacting with her fans as though the fans who tried to create fan works were absolutely, fully, forever, and always violating her trademarks. It wasn't so much a matter of copyright expressed as such -- among other things, she would explain that location and character names were trademarked, and that she had to defend her trademarks or else lose them. Upshot, you couldn't post so much as a notebook scribble meant to resemble a character in one of her books without getting some kind of C&D from her attorney. (Jay Katz was his name. Anne McCaffrey was the author. Kind of obnoxious at Dragon*Con as a guest, too, to tell the truth, but that's yet another story.)

At one point, Dearest, Sweetest AnnieMac held an officially sanctioned fan art contest. Artists were allowed to draw/paint characters, settings, and the like from her books, and the DragonLady would judge which was best. (Might've been a ribbon or summat given, maybe a certificate. I forget that part.) I remember quite clearly, though, that the first prize winner had artwork that was pretty well admired within the fandom and all around. What I also remember fairly vividly was that same artist getting a Cease and Desist from Anne McCaffrey's legal team a few days later for... yep, trademark-infringing art.

My point in bringing up this story is that internal limits are really just a benchmark for the trademark holder's paranoia about their property, and that the need to defend trademarks else lose them is fairly well engrained in many circles. I imagine that something somewhere has said something to the effect that the defense is necessary, but even if it's false, it's been making lawyers money for a long time. (As far as Disney goes, I've seen some great underground Seabase Alpha shirts that have gone the way of the dodo...)

True, you can never underestimate the power of paranoia and lawyers, haha.
 

Register on WDWMAGIC. This sidebar will go away, and you'll see fewer ads.

Back
Top Bottom