I’m told that the Walt Disney Co is currently attempting to trademark the character name “Princess Aurora” for all media: stage, sound, film, TV, video, Internet, photographs, news. In short, everything except literature. The name comes from the 1697 Charles Perrault fairy tale and Aurora is the Princess’s daughter (and thus a princess herself).
The first use of “Princess Aurora” was in the 1890 Tchaikovsky ballet “The Sleeping Beauty,” which Disney turned into the 1959 animated film. It has been used continuously since then in the ballet as the title character’s name. The problem is that, if the Disney Company is successful, it will effectively control the legal right to all future performances of the ballet. The move also could sink any movie about the ballet or that uses a scene of the ballet in another movie. “This would be like a film studio trademarking the character name “Ebenezer Scrooge” for all media (no one has) and then no one could perform “A Christmas Carol” on a stage, TV, in a film, radio, etc without first securing the right to use the name from the trademark owner,” a critic emails me. Not surprisingly, Disney is also seeking to trademark “Princess Aurora” for products. Therefore, a campaign has emerged to complain to the U.S. Patent and Trademark Office if people feel this trademarking of a pre-existing character name should not be allowed.
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It seems to me that they are trying to secure their rights to the Princess Aurora character that they developed, not take over everything in history that has that name. Maybe I’m missing something, but it would seem well within their rights to do that. Just my 2 cents.
good post Mike. Totally agree.
I welcome Anonymous or anyone else to explain the situation further if they got more facts/legal expertise than the rest of us.
I’d even love to see some healthy debate. I feel like there might be a plausible argument as to why Disney should be able to trademark their specific version of a public domain character.
But don’t patronize everyone with a “get over it. That’s the way things are. Quit complaining.”
Disney is taking characters that belong to all of humanity, making tons of money with them, and then turning around and trying to make it impossible for anyone else to use them ever again, effectively stealing these characters from the public domain (when they just used the for free). It’s such blatant hyprocrisy. Just because “stuff like that happens” doesn’t mean we have to accept it or approve of it.
I don’t see how they can grab something that’s already in the public domain. Could they trademark “Helen of Troy”? Isn’t it really the princess’s *image* that they need to protect? …and isn’t that image already protected under copyright law? I hate this strong-arm bullshit.*
*Bullshit is a registered trademark of Disney Corporation and/or its affiliates in the United States and certain other countries. [One must give credit where credit is due.]
This may explain Disney’s interest:
http://www.aceshowbiz.com/news/view/00022636.html
In Oklahoma it’s a misdemeanor to use alive or dead person’s name in a non news setting.
Florida, well you do remember the Perfect Storm law suit. This corporate bullying is why I took every name and movie title out of my book.
First I didn’t want the injunctions or the law suits taking away any profit. Secondly, while I wanted to use the Matrix, Neo, China Town etc if the studios hadn’t trademarked the name someone else had. It’s all about the money; it’s amazing anything creative gets made without an infringement lawsuit. By the way this is news so I can use those trademarked names. Stick it Disney. Let the little guy have some money
parents, stop encouraging children to take an interest in their sleazy shit, seriously. protest. get one of those channel blockers on the back of your tv. their legal pursuits are insanely invasive into personal freedoms!
As if that’s going to stop the Chinese from using the likeness and name to sell everything from faux M&M’s to faux Big Macs to a thousand landfills of pink plastic princess Aurora purses. I can only think of the hundreds and hundreds of reams of paper necessary to legally stake this claim. What a waste all around, and for what…Princess Aurora?
Another example of this kind of corporate strong-arm behavior in connection with a ridiculous trademark claim: The Gallo wine family thinks they own the Spanish word for ‘rooster’, even when applied to things besides wine. See
http://www.boycottgallo.com
They have sued a tiny Seattle food shop over this.
The legal absurdity is the same as this claim to own “Princess Aurora.”
Reminds me of reading one of Groucho Marx’s books when Warner Brothers tried to sue the Marx Brothers for using the the name of “Brothers” in their films. I hope old man Walt comes back from the dead and kicks you dick heads at Disney in the balls.
Who loves ya baby!!! Not I!!!!!
Given that Walt had his original ideas, at one time, stolen out from under him, I am not sure he would be inclinded to diagree with this strategy no matter how horrible I think it is….
If someone’s name is Michael, can they copyright
the name Mickey? Or, if a child has a mouse as a
pet, and names it Mickey, can the child copyright
the name Mickey Mouse?
Disney is ridiculous. I find it really funny because I just saw a screening on Friday night of a film called RiP: A Remix Manifesto. The film is mostly about copyright law and the music business but it also has a section about Disney. One of the talking heads makes a really interesting point about how Disney is rooted in the scavenging of classical art yet is fiercely protective about it’s own material being reworked. There’s a sequence with a really interesting deconstruction of a classic Mickey Mouse cartoon. It looks like you can download the movie on iTunes now. There also seems to be a streaming source on its homepage but I haven’t tried it out. http://www.ripremix.com/
Where is the contact info for the group fighting Disney? How can we join in? Is there an online petition or something?
You can email the PTO at TrademarkAssistanceCenter@uspto.gov and reference the following information:
SERIAL NUMBER: 77130191
MARK: PRINCESS AURORA
OWNER: Disney Enterprises, Inc.
The general number for the Office of the Commissioner for Trademarks is 571-272-8900 (FAX: 571-273-0029)
Fantastic. If this works out for Disney, I’m going to go out and get Jesus Christ trademarked.
There was a southpark episode not too long ago about Disney getting out of control. It was hilarious. Mickey beat the shit out of one of the joanas(sp?) brothers.
will they trademark the jonahs brothers too?