Although Mickey Mouse entered the public domain in 2024, the character, like all major Disney characters, remains trademarked. The trademark lasts in perpetuity, as long as it continues to be used commercially by its owner. So, whether or not a particular Disney cartoon goes into the public domain, the characters themselves may not be used as trademarks without authorization.
The latter could constitute fraud, but instead let’s say instead of a dude in his garage it was a company that made generics?
Generic drugs can’t claim to be the name brand equivalent. Again, trademarks are just consumer protection. They prevent a product or entity from impersonating another. They are extremely narrow in scope and can only be enforced in cases where a reasonable person might get confused.
As for the Mickey Mouse situation, I think now you could absolutely sell a shirt with Steamboat Willie on it, but you can’t put the Walt Disney company logo on the shirt, since that would be misleading. The current trademark of Mickey Mouse I think just means that Disney can continue using a stylized version of him as an alternative logo to the Walt Disney signature logo or the castle logo.
Exactly. If you have Streamboat Willie murdering some other character or something, that’s totally fine because the average consumer won’t think it came from Disney.
Here’s my opinion on IP law:
trademark - should continue existing as it is today, though perhaps relax the “must protect trademark” rule to limit pointless lawsuits
patents - limit duration to 5-7 years, perhaps with a one-time renewal if you need more time to hit the market; patents must be owned by individuals, not companies and cannot be sold; patent lawsuits would have stiff penalties if the suit is deemed frivolous
copyright - revert to original duration: 14 years, renewable once
I’m totally fine with trademark continuing as it is today.
wp:Mickey Mouse
The latter could constitute fraud, but instead let’s say instead of a dude in his garage it was a company that made generics?
Generic drugs can’t claim to be the name brand equivalent. Again, trademarks are just consumer protection. They prevent a product or entity from impersonating another. They are extremely narrow in scope and can only be enforced in cases where a reasonable person might get confused.
As for the Mickey Mouse situation, I think now you could absolutely sell a shirt with Steamboat Willie on it, but you can’t put the Walt Disney company logo on the shirt, since that would be misleading. The current trademark of Mickey Mouse I think just means that Disney can continue using a stylized version of him as an alternative logo to the Walt Disney signature logo or the castle logo.
Exactly. If you have Streamboat Willie murdering some other character or something, that’s totally fine because the average consumer won’t think it came from Disney.
Here’s my opinion on IP law:
I’m totally fine with trademark continuing as it is today.
What if the company openly said they weren’t selling you actually Disney-approved stuff, but your friends don’t have to know that?