33 replies to this topic

[Fleegull]

According to Nikki Finke, Disney is attempting to trademark the name 'Princess Aurora'. If successful, it would control all future performances of the ballet.

You can read more here.

[cubanmiamiboy]

Now I know The End is coming...

[Gina Ness]

Good grief!     I hope Disney is slapped down.....      cubanmiamiboy...

[diane]

I hope so, too! This is ridiculous!

-d-

[sandik]

It's very interesting to read the responses to this article, in terms of legal precedent and in the general understanding of 'ownership'

I found this comment pretty dispiriting

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I might be missing something, but I don’t see how trademarking a character NAME would yield all the mentioned results. Disney isn’t trying to claim ownership over the story, just the name (although I don’t agree with that either).

The way I see it, the ballets and movies, etc., can go on, just change the name of the character. No?

but took heart from this

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In the original Russian score, the name is Avrora, not Aurora. The ballet should be safe

Comment by Peter Ilyich

[dirac]

Thanks for the link, Fleegull. Let's hope the trademark Nazis over at Disney have finally overstepped with this one.

[Sacto1654]

I think Disney may back down due to "prior art" issues and the fact they could face some really unhappy ballet fans in Russia!

[kfw]

What month is this? The article reads like an April Fool's Day story. If anyone here is familar with copyright law, perhaps you can explain by what legal logic Disney thinks it has a right to do this.

[carbro]

kfw, on May 5 2009, 09:53 PM, said:

If anyone here is familar with copyright law, perhaps you can explain by what legal logic Disney thinks it has a right to do this.

The technical legal term, I believe (non-lawyer speaking here), is "chutzpah."

[diane]

carbro:

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The technical legal term, I believe (non-lawyer speaking here), is "chutzpah."

Very good!

Yeah, I suppose they just want to see if they can get away with it; pad their pockets yet some more...  

-d-

[jllaney]

Disney can't copyright the name entirely as a concept because it clearly exists in the public domain.  What they are doing is copyrighting the image associated with their Aurora from their 1959 film version.  If you follow the links from the original article you can find the application from Disney to the patent office...and it says..

       International Class 041:  Entertainment and education services.
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

The identified goods and/or services would be Disney's rendering of the princess and the mark would be Disney's name association with it.
It only matters to Disney because they make countless millions of little plastic dolls and ornaments and lunch boxes and anything else they can dream of making a quick buck on that will have Aurora's image on it. And they have to guard against reproduction.  
Disney doesn't care about the ballets unless you specifically made your ballerina look like their version of her.

[Helene]

Many thanks, jllaney!

I don't think ballet companies will have a problem, as long as they stay away from ballerinas with slightly olive-tinted tan hair, worn loose.

[kfw]

Yes, thanks a lot, jllaney. I'm glad you understand this better than that blogger does.

[Cygnet]

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It only matters to Disney because they make countless millions of little plastic dolls and ornaments and lunch boxes and anything else they can dream of making a quick buck on that will have Aurora's image on it. And they have to guard against reproduction.

I agree; Disney is only trying to protect the image.  I remember reading a few years ago that Walt Disney considered using the name from the Grimm version of the tale (Briar Rose), and a new score for the cartoon movie.  He settled in his mind that there was a celebrated score already in existence, and (happily) he decided to use it.  He also might have noticed the popularity of the name 'Princess Aurora' from the frequent Sadlers Wells/Royal Ballet U.S. tours starting from 1949.  It seems that he didn't want to go against the familiar.  MO.  

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Disney doesn't care about the ballets unless you specifically made your ballerina look like their version of her.

:  The cartoon movie's "double" is the Maryinsky's Somova; there's a very strong resemblance.

[dirac]

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The identified goods and/or services would be Disney's rendering of the princess and the mark would be Disney's name association with it.

It only matters to Disney because they make countless millions of little plastic dolls and ornaments and lunch boxes and anything else they can dream of making a quick buck on that will have Aurora's image on it. And they have to guard against reproduction.

Fair enough, but Disney didn’t create the character, the name, or anything apart from that one particular image of Aurora, and they appear to be trying to copyright the name.  

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Production, presentation and distribution, and rental of motion picture films; production, presentation and distribution of television and radio programs; production and presentation of sound and video recordings; production of live entertainment shows and interactive programs for use in the following media, namely, television, cable, satellite, audio and video media, video cartridges, laser discs, computer discs and by electronic means; production and provision of entertainment, namely, news, and information relating to the entertainment industry in general via communication and computer networks; providing entertainment services via a global communication network in the nature of online games and websites featuring a wide variety of general interest entertainment information relating to motion picture films, television show programs, musical videos, related film clips, photographs, and other multimedia materials; amusement park and theme park services; production of live stage shows; presentation of live show performances; theater productions; and entertainer services in the nature of live, television and movie appearances by a professional entertainer.

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Disney doesn't care about the ballets unless you specifically made your ballerina look like their version of her.

It can be very hard to say in advance what Disney’s lawyers will or will not care about. The foregoing list is pretty wide-ranging.

I would also think that their trademark on the character as they’ve designed her is already on the books or should be??