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  • Copyright Issues

    Hello all. I came across a couple of things that I think has slipped by the legal department at Disney, both involving names of Disneyland rides.

    The first is a toy I came across while Christmas shopping at the Irvine spectrum. It was a pirate toy, called Pirates of the Caribbean. It was not in the same font and did not have the familiar Disney skull and cross bones. I looked and no where did it have listed The Walt Disney Company anywhere on the package. I did not find the manufacturer, but it definitely was not put out by Disney.

    The second is in Charlotte's Web. I saw that movie yesterday. It is by Paramount, and not Disney. Anyway there was a scene at a fair, and during an aerial shot of a ferris wheel, you could see a ride behind it with big letters called Matterhorn.

    Not too sure if these constitute copyright infringements, but I thought I would throw it out there for you all to contemplate.

  • #2
    Re: Copyright Issues

    Originally posted by DisneyIPresume View Post
    Hello all. I came across a couple of things that I think has slipped by the legal department at Disney, both involving names of Disneyland rides.

    The first is a toy I came across while Christmas shopping at the Irvine spectrum. It was a pirate toy, called Pirates of the Caribbean. It was not in the same font and did not have the familiar Disney skull and cross bones. I looked and no where did it have listed The Walt Disney Company anywhere on the package. I did not find the manufacturer, but it definitely was not put out by Disney.

    The second is in Charlotte's Web. I saw that movie yesterday. It is by Paramount, and not Disney. Anyway there was a scene at a fair, and during an aerial shot of a ferris wheel, you could see a ride behind it with big letters called Matterhorn.

    Not too sure if these constitute copyright infringements, but I thought I would throw it out there for you all to contemplate.

    In regards to the matterhorn, its a real mountain in Switzerland.
    http://en.wikipedia.org/wiki/Matterhorn
    So, I dont think they can copyright that. But, Ive been wrong before.
    "I, not events, have the power to make me happy or unhappy today. I can choose which it shall be. Yesterday is dead, tomorrow hasn't arrived yet. I have just one day, today, and I'm going to be happy in it. "Groucho Marx

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    • #3
      Re: Copyright Issues

      "Matterhorn" is also the name of a "Himalaya"-type carnival ride.

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      • #4
        Re: Copyright Issues

        Originally posted by mrfantasmic View Post
        "Matterhorn" is also the name of a "Himalaya"-type carnival ride.
        Thats what it was! It was one of those things that spins around really fast, and from what I remember, when I was a kid, they would always blast Metallica and stuff like that on it!

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        • #5
          Re: Copyright Issues

          The Matterhorn is a real mountain in Switzerland. It is possible that the setting takes place there, or somewhat close? Isn't it also the name of a carnival ride?

          The pirates of the carribean could be copyright infringement. Or it may be something for kids to buy because they see Pirates of the carribean on it and think " Ooh! Pirates! It has to be good! Now I just have to convince mom to buy it.. That's the hard part. ". So, Not sure about the Pirates part.
          sigpic

          " Doombuggies: The scariest transportation around! "

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          • #6
            Re: Copyright Issues

            The attraction at Disneyland is officially called "Matterhorn Bobsleds" so the carnival ride that I assume is simply called "Matterhorn" or "The Matterhorn" doesn't have the same name.

            Photos, news, and commentary every week from Walt Disney's Magic Kingdom!

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            • #7
              Re: Copyright Issues

              I've seen copyright infringements related to "Pirates of the Caribbean" toys. Maybe they won't have the title, but the font and the skull logo are almost exactly the same, and it's not manufactured by Disney.


              There are whole theme parks that boderline on copyright infringement of Disney, too.




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              • #8
                Re: Copyright Issues

                It could be like the action figures at the swap meet that feature yellow Spider-men in a jumbo pack with Superman and the Power Rangers
                “Tragedy is when I cut my finger. Comedy is when you walk into an open sewer and die.” ~ Mel Brooks


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                • #9
                  Re: Copyright Issues

                  In Japan, there is a Disneyland knockoff called the Nara Dreamland. It has a main street with a castle at the end, a cable car type ride that passes through the mountain used for a boblsed ride. There is, or was, a monorail that went around a lagoon and the mountain. From the pics I've seen, it looked run down and had a lot of stuff sitting there that's abandoned or unsafe. Cerain parts of the world peddle merchandise that's obviously fake. On my mission in Ecuador in 2000, I saw a lot of fake Dragonball Z figures (the last season was airing at the time), a fake Nintendo 64 (they didn't come in chintzy blue plastic), fake Nike and Fila apparel, I even saw a fake PlayStation game. I knew it was fake because the disc's surface on the back wasn't black (it was silver like a normal CD ROM). Something I've noticed at online stores that sell anime (and even comic book shops that sell anime) are DVDs that are bootleg. The tell tale signs are the fact that they are either Region 0 or region free, may include Chinese audio or subtitles, the manufacturer is from Hong Kong or somewhere in China (not always) and have email addresses that are @hotmail or yahoo or another personal email site, and have an insane amount of episodes for a seemingly good price. When you watch them, the subtitles tend to be more like Engrish.

                  I hate to think how much Disney knock off merchandise can be found in Latin America or Asia let alone here at home. It seems like you see that type of stuff at the 99 cent store or something.

                  BUYER BEWARE. If it's too good to be true, it is. If the toys look deformed or the package is wierd, you know what to do.

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                  • #10
                    Re: Copyright Issues

                    The POTC toys are more likely to get the backs of the legal department up, because the use of the "pirates of the caribbean" name in relation to a pirate toy - something Disney also manufactures - is enough to be deceptively similar to a unaware consumer.

                    Matterhorn, as people have pointed out, is too common a word. Mind you, when Microsoft originally tried to trademark "Windows", they failed due to the term being applied to those things on the side of buildings as well. Years later, they were able to successfully re-apply because the term had taken on a secondary meaning. If the term Matterhorn everntually became so instrinsically linked with Disney and Disneyland, they would then have an argument for taking legal action.

                    I could probably go and look this up. I'm sitting in a law library surrounded by case law and legislation at the moment. Not to mention I did quite well when studying intellectual property...
                    “I don't mean to sound bitter, cold, or cruel, but I am, so that's how it comes out.” - Bill Hicks

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                    • #11
                      Re: Copyright Issues

                      Originally posted by Loomis View Post
                      Not to mention I did quite well when studying intellectual property...
                      Then you probably recall this case:



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