Mudcat Café message #799633 The Mudcat Café TM
Thread #52243   Message #799633
Posted By: GUEST
09-Oct-02 - 02:01 PM
Thread Name: Copyright Extens.Case @ SCOTUS 10/9/02
Subject: RE: Copyright Extens.Case @ SCOTUS 10/9/02
The trademark on Mickey Mouse doesn't necessarily mean that no one will be able to make new Mickey Mouse cartoons. The traditional rationale for trademark law is to prevent "passing off". Uses of Mickey that didn't create confusion as to source might squeak by. Trademark law has somewhat evolved from its origins in preventing marketplace confusion. Some states have "dilution" laws that are seem to go beyond this, and the federal law has the Lanham Act. But it's not obvious beforehand (at least not to a non-lawyer like me) that making new Mickey Mouse comics, (using, not the evolved Mickey, but the 1920's Mickey after the copyrights in such early works as Plane Crazy and Steamboat Willy expire) would be trademark infringement in every single case.