We may be talking about two different things, or I'm just not following you. As I noted above, Disney has a bunch of registered trademarks for Pinocchio, including an ITU that has stories in its description of goods and services. I'm not sure what you mean by saying that no one else owns Pinocchio trademarks.
yes, that's true... but doesn't trademark ownership only bar anyone from using it for a similar product or service, does not affect a trademark name's use as a character name?... that is, one can't sell action figures or dolls named/resembling 'pinocchio' or use it on lunch boxes, backpacks, et al. without permission... however that does not preclude anyone writing stories about a character from collodi's original story that is no longer under copyright, since he died in 1890, as long as you don't describe him as looking like disney's version... now, if you included jiminy cricket in your story, then you'd be running afoul of disney, since he's a disney creation, didn't appear by that name in the original story... but if you called your cricket something much different from the disney name, you should be within your rights, as long as you don't describe him as looking like disney's top-hatted, brolly-carrying critter...
@mammamaia Yes, trademark registrations are associated with particular classes of good and/or services. "Famous" trademarks are a bit of an exception, and they get more protection, so if you have a famous mark you can go after people using a similar mark on unrelated goods and services under a theory of Dilution (blurring or tarnishment). Yes, also true that using the name within a story isn't likely to be a trademark violation, because you're not using the name as a trademark. As I mentioned to the OP, if the name is also in the title, you're getting close to a trademark usage and closer to something that might raise the ire of a trademark owner. Just having the name appear as a character in the text isn't generally an issue, in my opinion, though if someone like Disney decides to make it one it is going to cost money. With the cricket - I'm not sure how much luck Disney would have even trying to stop you describing your cricket to appear similar to Jiminy Cricket. You wouldn't be using the cricket character as a trademark, so any trademark rights they have in it would be irrelevant. They'd be reduced to asserting a copyright claim as to the character itself, and not just to the graphic depiction of the cricket (which would be easy for them), but as to the attributes of a written character that too closely resembles their cricket. Asserting copyright in the very idea of a written character can be tricky, and of course the defendant would have potential defenses (satire, parody, and so on). But in any of these cases, even if you were on the winning side, you're looking at spending a lot of money. What's a trademark case run these days if it goes all the way through trial? Half a million dollars? $200,000 or $300,000 wouldn't be out of the realm of possibility in a copyright case. Small comfort to have the court side with you after spending that kind of money, particularly since you can't generally recover those costs from the other side
This thread is scaring me. I may just rename my "Pinocchio" character, because all this talk of courts and money is making me back-off. When I send it to you, Steerpike, could you have a look to see whether it would cause less problems with a rename? Please. With a super fine awesome cherry on top.
Sure thing, Thomas. Like I said, above, I don't think your use within the text is likely to be a problem. But I get paid to be paranoid about this stuff
Pinocchio - the name "Pinocchio" was used to represent different trademarks, right? The Pinocchio Canned Tomato Soup, Pinocchio Pizza Delivery and Pinocchio Extra Sensitive Condoms. So if you create a new Canned Soup product and name it "Pinocchio" you may be in violation of someone other's trademark. That much I understand. But what about Pinocchio the literary character ? You can't claim writes to someone ekses literary work - Collodi Fondation still owns the rights - since 1940 the novel was adapted tens of times in various media, and the character was used in various forms, and most of them were not in any way related to Disney version. Think "Shrek" or Benigni's film...
Can't find "stories" but there are: under ser.no.77625073, Dec 2 2008 Still, these can't cover "mentions of the name in works of fiction"...
