Tuesday, March 6, 2007

Disney, Porn, and Annoying Things

In reverse order:

Annoying thing:

I realize it's a thing that many people do. Even smart people. But it still bothers me no end when people conflate the terms "copyright" and "trademark," particularly when the offending party is someone who should know better. In the article I'm going to point to in a moment, it's even worse, because the author keeps switching back and forth.

Disney, and Porn:

A UK mobile phone porn producer has successfully pushed back at Disney. Turns out that the very-small-screen blue film producer trademarked registered the trademark A PLACE WHERE DREAMS COME TRUE. Disney uses the phrase in promoting its theme parks. According to the article, "Preparations for a court case had been made, but Disney lawyers have now backed down."

What that means exactly isn't clear, though it seems that backing down involves little more than not suing, and instead pretty much just infringing and waiting (daring) the little guy to sue. Disney is using THE PLACE WHERE DREAMS COME TRUE.

Yeah, you read that right. Disney has "backed down" by using the phrase exactly as used and registered by someone else but for changing the indefinite article to the definite article.

Okay, so you're not likely to think that the porn guy is behind the theme park. But if it was the other way around, you know that Disney would be All. Over. That.


Back to the Annoying Thing, for a minute:

Look at that article again... Is it a copyright dispute? A trademark dispute? Grrrr....

--Ben D. Manevitz

1 Comments:

Anonymous Avoision said...

pcauthority and vnunet, hardly the foremost names in ip terminology. kinda like when john q. reporter writes an article "explaining" why mac is "superior."

unfortunately, it's not likely to change any time soon. besides, the bigger problem is when the lawmakers don't have a clue. that's what scares me.

March 21, 2007 3:37 PM  

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