Bairstow
Well-Known Member
What does this even mean?some lifestylers AP .
What does this even mean?some lifestylers AP .
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.
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.
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.
So by all means - buy knockoffs or support an artist and merchandise team that enjoys those memories as much as we do.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
So by all means - buy knockoffs or support an artist and merchandise team that enjoys those memories as much as we do.
Maintaining a trademark requires protecting it.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.
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.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.
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.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.
I didn't think it was. Someone told me it was but I wasn't sure.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 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...)
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