Thanks to the bizarre nonsense that is absorb law, readers actuality will acceptable be accustomed with the aberration that is bookish acreage rights revolving about The Wizard of Oz. Thanks to some of the works actuality in the accessible domain, some of them actuality beneath copyright, and the courts mostly alleviative all of this on a case by case basis, it’s adequately bright at this point that basically cipher knows who is accustomed to do what with annihilation associated with The Wizard of Oz. Usually, issues apropos to the assignment circumduct about this arbor of confusion.
But that’s beneath the case aback it comes to cast issues. For all of its flaws, cast law is blessedly bound to accessible abashing and accurate antagonism aural a specific market. That’s what makes it amazing that Warner would bother to argue the cast appliance filed by a agnostic priestess for her “Wicked Witch Mojo” brand.
Turner Entertainment Aggregation has filed an action with the U.S. Patent and Cast Office to stop witch and Agnostic ancient Dorothy Morrison from trademarking her cast name ‘Wicked Witch Mojo.” Turner Entertainment, a accessory of AT&T’s WarnerMedia, serves as the absorb holder for a ample library of productions fabricated by its sister accessory Warner Bros. Entertainment Inc. (aka, Warner Brothers), that includes The Wizard of Oz (1939).
Morrison said, “I was stunned. I couldn’t accept that Turner Entertainment could accept A] been accustomed to cast the byword ‘Wicked Witch,’ and B] that they had accused me of advisedly abrasion their trademark.” She said that, afterwards the shock wore off, she was aloof angry. “It occurred to me that if Turner saw fit to go afterwards me, there was annihilation to stop them from activity afterwards anyone in the bewitched association who’d anytime acclimated that phrase. And I couldn’t, in acceptable conscience, acquiesce that to happen,” she explained.
And so she contacted a advocate and there is now a case pending. Warner’s advocate allegedly discussed the case with her lawyer, banned to budge on the opposition, and appropriate that she could be sued for absorb as able-bodied for application some adumbration in her branding, accurately red-heeled shoes on her business cards. That, and of course, the characters that Warner claims are actuality referenced in her name and branding.
And that’s area we get appropriate aback into the ambagious bullshit.
Morrison’s advocate Richard Bullock argues otherwise, adage that these images and words anamnesis the books, not the movie. Bullock writes, “The marks are acquired from the writings of L. Frank Baum’s atypical The Wonderful Wizard of Oz and its assorted sequels.”
He additionally argues that Turner’s trademarks are alone bound to assertive artefact areas, and that Turner is not acceptable to be affective into the abstract arena; nor will Morrison be bearing articles for the boilerplate toy or accouterment markets, and added industries defined aural Turner’s trademarks. Bullock wrote that there would be “no likelihood of confusion.”
The closing allotment referencing the cast oppositions are about absolutely valid. Annihilation in Morrison’s absolute barter dress brings The Wizard of Oz to apperception at all, behindhand of its assorted forms. Assertive references to that work, such as her online exchange actuality dubbed “The Aerial Monkey Express” can be said to advertence the books, not the films. And that absolutely alone affairs on the absorb question, for which a clothing hasn’t been filed. On the cast piece, it absolutely should be abundant that Warner isn’t in the adoration business. With no crossover of marketplaces, there is no austere affair for accessible confusion.
So, in the end, we accept a ample aggregation aggravating to advance about a absolute activity abandoned witch over a apparent cast claim. Warner admiral should be thankful, I suppose, that Morrison doesn’t accept an absolute army of aerial monkeys to set aloft them.
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