You may recall my post here about Disney filing 3 applications to own the name “Seal Team 6.”
According to this report, the Navy has now filed applications to trademark the name for itself.
Note that some experts are saying that Mickey will win the battle for filing first, but lose the war in Court because the Navy can prove they were Seal Team 6 for some time now.
Intellectual Property Law is not something I practice so I don’t want to put Las Vegas odds on a winner, but I looked up a few interesting points.
First, it appears the government can’t hold Copyrights on original works:
17 USC § 105. Subject matter of copyright: United States Government works
Copyright protection under this title is not available for any work of the United States Government, but the United States Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise.
However copyrights and trademarks are different things. The government has been known to seize the trademarks of others.
In order to put a motorcycle gang called the Mongols out of business, the Justice Department seized their trademark. That way, anytime a policeman sees a guy in a Mongol jacket, he can just take it, 5th Amendment be damned.
Of course the government is always allowed to give themselves ownership of trademarks by passing a statute in their own favor (why fill out forms and wait for slow bureaucracy to act like we peasant voters?).
For instance, it’s a federal crime to name a bear "Smokey," so don’t you do it:
18 USC Sec. 711. ``Smokey Bear'' character or name
Whoever, except as authorized under rules and regulations issued by the Secretary of Agriculture after consultation with the Association of State Foresters and the Advertising Council, knowingly and for profit manufactures, reproduces, or uses the character "Smokey Bear", originated by the Forest Service, United States Department of Agriculture, in cooperation with the Association of State Foresters and the Advertising Council for use in public information concerning the prevention of forest fires, or any facsimile thereof, or the name "Smokey Bear" shall be fined under this title or imprisoned not more than six months, or both.
Maybe the happy medium here would be to let the Navy have the trademark and license it to Disney, since Disney has the distribution infrastructure. It seems a better revenue stream for the government than taxing me.
While it is an interesting issue, I’m more concerned that my Halloween plans to dress as a bear in mouse ears and motorcycle jacket while carrying an M16 seems to be fraught with legal liabilities.
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Comments :
Oct '10
Re: Navy Fires Back At Mickey Mouse. Rodent Proves Tougher Target Than Terrorist, Motorcycle Gang
There is a group of folk that dress up as critters, called Furries, one recalls. Little kinky, no guns thought. Why not have the Feds grab Ronald McDonald as part of the fight on fat food ? Or did he get a waiver ?
Jan '11
Re: Navy Fires Back At Mickey Mouse. Rodent Proves Tougher Target Than Terrorist, Motorcycle Gang
The mouse ears are just gratuitous, IMO.
Aug '10
Re: Navy Fires Back At Mickey Mouse. Rodent Proves Tougher Target Than Terrorist, Motorcycle Gang
There is a precedent for that. Back in the day, the Royal Canadian Mounted Police were rather put out by all the cheap-ass, non-licenced "mountie" souvenirs that clutter the souvenir shops of the Great White North. You know, cheap plastic mounties on cheap plastic horses. Stuff like that.
So they gave the Walt Disney Corporation the exclusive license to market mountie paraphernalia.
There was a bit of a stir as some misinformed agitators claimed that Disney now "owned" the RCMP. Hogwash. It was simply that the RCMP looked around and saw that no other company on Earth had as much expertise in the merchandising game, so Disney got the job. Win-win, as they say.
Besides, the licensing agreement only lasted 5 years, and wasn't renewed.
The US Navy could do worse than to follow the RCMP's example: http://www.mountieshop.com/new/about_the_foundation.asp
Jun '10
Re: Navy Fires Back At Mickey Mouse. Rodent Proves Tougher Target Than Terrorist, Motorcycle Gang
I just find it gross that Disney would make one dime off of the backs of the SEALS.
Nov '10
Re: Navy Fires Back At Mickey Mouse. Rodent Proves Tougher Target Than Terrorist, Motorcycle Gang
Agreed. Legal issues aside, I can't see how Disney doesn't see what a PR landmine this has the potential to be, especially if they fight the Navy on it.