I guess it breaks up the monotony of people endlessly complaining about
Ebay! FRANC

-----Original Message-----
From: MoPo List [mailto:[email protected]] On Behalf Of Bruce
Hershenson
Sent: Wednesday, January 27, 2010 7:17 PM
To: [email protected]
Subject: Re: [MOPO] What goes around comes around?


Maybe I missed this answer, but why all the uproar over this when it was
filed 6 months ago?

Bruce


On Wed, Jan 27, 2010 at 5:52 PM, Franc <[email protected]> wrote:


Correct. I gather some of the posters MG reproduces are actually
licensed, so it's possible MG licensed and reproduced posters and then
didn't pay the license fees. We have to wait for the details before
making a judgement. FRANC

-----Original Message-----
From: MoPo List [mailto:[email protected]] On Behalf Of
Richard Halegua Comic Art
Sent: Wednesday, January 27, 2010 5:47 PM
To: [email protected]
Subject: Re: [MOPO] What goes around comes around?


that is an entirely different tact for them to approach, but seeing as
we have not yet seen the complaint we don't know if they're suing for
intellectual rights, trademarks or copyright violations.. all of which
MovieGoods is apparently guilty of..They could even be suing on all
three perspectives.. we need to read the complaint to find out.

they could also be suing on one of those issues and leaving open the
door for the others if they lose this suit.
we need to read the complaint


At 02:02 PM 1/27/2010, Garth Grieder wrote:


If one searches the trademark database, there are tons of trademarks
owned by Disney for various forms of "stylized writing", which include
the block style lettering of Mickey Mouse and other characters, exactly
as printed on those posters. The Walt Disney signature is also a
trademarked image that is printed on many of these posters.

The great majority of these posters also include the studio's logo
(Warner, Universal, 20th Century ect) which are trademarked. Wouldn't it
be in violation of that trademark to print these logos on the posters?

On Wed, Jan 27, 2010 at 3:24 PM, Jeff Potokar <[email protected]>
wrote:


Hey Franc,



I'm sure Ed Poole from LAMP will chime in here. He is THE MAN when it
comes to copyright issues and the historical legality of it all, NSS,
etc.



best.



Jeff






On Jan 27, 2010, at 1:06 PM, Franc wrote:




I guess Disney has enough money to pursue a suit to determine whether or
not their posters are protected by copyright.  As long as I can
remember, the legal view of it was that because these posters were
produced for promotional distribution purposes, anyone had the right to
freely use, duplicate and distribute the image on the posters. Disney
could be claiming (and I don't know if they are) that their characters
are trademark and hence the posters can't be reproduced because it
contains their trademark characters. I'd like to read more about the
case. IF that's indeed Disney's claim then a decision in this case
probably wouldn't effect the other posters reproduced by MovieGoods.
FRANC



-----Original Message-----


From: MoPo List [  <mailto:[email protected]>
mailto:[email protected]] On Behalf Of Roland Lataille


Sent: Wednesday, January 27, 2010 3:51 PM


To: [email protected]


Subject: Re: [MOPO] What goes around comes around?



I didn't realize they have over 65,000 items on Ebay.




From: Tom A. Pennock <[email protected]>


To: [email protected]


Sent: Wed, January 27, 2010 3:24:48 PM


Subject: Re: [MOPO] What goes around comes around?



Hi Andy:



  

Thank's so much for posting this. I wondered for years how long
Moviegoods could get away with this. I always considered it copyright
infringement even though they thought the posters were in the public
domain. They have been making money hand over fist for many years.
Interesting! Thank's again!



  

--Tom Pennock



  

In a message dated 1/27/2010 3:16:30 P.M. Eastern Standard Time,
[email protected] writes:



1-0 to Karma!



http://dockets.justia.com/docket/court-cacdce/case_no-2:2009cv04968/case
_id-448705/ 



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At 02:09 PM 1/27/2010, Franc wrote:


That's exactly what I said in my earlier post, namely that Disney was
claiming intellectual property infringement because certain elements of
their posters i.e. their characters were trademark protected, not
because the poster itself was copyright. Trademark and copyright are
different issues but I'm only guessing at their case.  FRANC 


-----Original Message-----


From: MoPo List [  <mailto:[email protected]>
mailto:[email protected]] On Behalf Of Garth Grieder


Sent: Wednesday, January 27, 2010 5:02 PM


To: [email protected]


Subject: Re: [MOPO] What goes around comes around?



If one searches the trademark database, there are tons of trademarks
owned by Disney for various forms of "stylized writing", which include
the block style lettering of Mickey Mouse and other characters, exactly
as printed on those posters. The Walt Disney signature is also a
trademarked image that is printed on many of these posters.



The great majority of these posters also include the studio's logo
(Warner, Universal, 20th Century ect) which are trademarked. Wouldn't it
be in violation of that trademark to print these logos on the posters?



On Wed, Jan 27, 2010 at 3:24 PM, Jeff Potokar <[email protected]>
wrote:



Hey Franc, 



I'm sure Ed Poole from LAMP will chime in here. He is THE MAN when it
comes to copyright issues and the historical legality of it all, NSS,
etc.



best.



Jeff






On Jan 27, 2010, at 1:06 PM, Franc wrote:




I guess Disney has enough money to pursue a suit to determine whether or
not their posters are protected by copyright.  As long as I can
remember, the legal view of it was that because these posters were
produced for promotional distribution purposes, anyone had the right to
freely use, duplicate and distribute the image on the posters. Disney
could be claiming (and I don't know if they are) that their characters
are trademark and hence the posters can't be reproduced because it
contains their trademark characters. I'd like to read more about the
case. IF that's indeed Disney's claim then a decision in this case
probably wouldn't effect the other posters reproduced by MovieGoods.
FRANC



-----Original Message-----


From: MoPo List [  <mailto:[email protected]>
mailto:[email protected]] On Behalf Of Roland Lataille


Sent: Wednesday, January 27, 2010 3:51 PM


To: [email protected]


Subject: Re: [MOPO] What goes around comes around?



I didn't realize they have over 65,000 items on Ebay.




From: Tom A. Pennock <[email protected]>


To: [email protected]


Sent: Wed, January 27, 2010 3:24:48 PM


Subject: Re: [MOPO] What goes around comes around?



Hi Andy:



  

Thank's so much for posting this. I wondered for years how long
Moviegoods could get away with this. I always considered it copyright
infringement even though they thought the posters were in the public
domain. They have been making money hand over fist for many years.
Interesting! Thank's again!



  

--Tom Pennock



  

In a message dated 1/27/2010 3:16:30 P.M. Eastern Standard Time,
[email protected] writes:



1-0 to Karma!



http://dockets.justia.com/docket/court-cacdce/case_no-2:2009cv04968/case
_id-448705/ 



Discuss...


Visit the MoPo Mailing List Web Site at www.filmfan.com


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