Comment by cfraenkel
Um, except that the article is about a trademark. Mickey (the Paraguayan company) isn't printing comics or producing cartoons, so how would copyright apply?
(as your linked article from duke.edu explicitly explains)
Um, except that the article is about a trademark. Mickey (the Paraguayan company) isn't printing comics or producing cartoons, so how would copyright apply?
(as your linked article from duke.edu explicitly explains)
They're using Mickey Mouse (or their version of him), as a mascot. Doesn't that mean it's about a trademark?
The business in question literally has a mouse, named Mickey, that looks a lot like the trademark of Disney, on their packaging, their buildings, and their advertisements. They are literally using Disney's trademark.
it's possible for a single thing to be subject to both trademark and copyright law, even in the usa; often the owners of the copyright and the trademark are different. this is how graphic designers get paid for designing corporate logos on spec, for example. see for example https://www.copyright.gov/help/faq/faq-protect.html
> How do I copyright a name, title, slogan, or logo?
> Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, TrademarkAssistanceCenter@uspto.gov or see Circular 33, for further information. However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark.
see also https://www.quisenberrylaw.com/ip-discovery-blog/who-owns-th...
it seems clear that the paraguayan mickey company is the legitimate owner of the paraguayan trademark