Rise up and stop Yoda

Discussion in 'The Howard Stern Show' started by DuckDong, Nov 1, 2014.

  1. DuckDong

    DuckDong VIP Extreme Gold

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    http://thewaltdisneycompany.com/content/disney-antipiracy

    Disney Antipiracy
    The Walt Disney Company and its subsidiaries own the intellectual property rights to the characters, brands, titles and properties popularly associated with the Disney name and with Disney's affiliates. This includes a large number of titles, characters and other elements from Disney's television programs, feature-length motion pictures, animated productions, publications, games and music.

    Disney takes the enforcement of these rights very seriously. We protect these rights so that we can continue to provide quality entertainment that measures up to the standards that our audience has come to love and expect. We welcome reports of suspected infringement of any of these rights. Please direct reports to us via one of the following methods:



    Email:tips@disneyantipiracy.com
    Voice Mail:818-560-3300
    Mail:The Walt Disney Company
    Antipiracy Group
    500 South Buena Vista Street
    Burbank, California 91521-0644
     
  2. Tinman

    Tinman Well-Known Member

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    Would using the name under guise of a non-profit charity have anything to do with Disney allowing this obvious breach of copyright ?:dontknow:
     
  3. OV

    OV Rapscallion

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    It would be beyond terrific if they're forced to republish under a new name...BUT considering this is a division of Simon& Shuster, one of the publishing giants, I would assume that as SOP, for due diligence their no doubt large legal department routinely looks for copyright and plagiarism violations and where applicable pays the appropriate license fees to comply.
     
  4. PelicanWig

    PelicanWig Beautiful Soup

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    I've written them twice. I believe others have too.
     
  5. BooeyBanana

    BooeyBanana Well-Known Member

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    who has the higher IQ..beth or Yoda???
     
  6. Skid Marx

    Skid Marx EDITOR IN CHIEF DawgShed News

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    Simon and schuster have many many MANY lawyers, They would never have green lighted this project with such an obvious copy right infringement if it were actionable. Disney has more lawyers that do nothing but look for infringement as well.
     
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  7. Tinman

    Tinman Well-Known Member

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    No shit Mr. Obvious, but why are they allowing it?

    Time for you to earn your new title.:p
     
  8. Dump Button

    Dump Button Former Mall Security Guard

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    is there a fax number?
     
  9. Skid Marx

    Skid Marx EDITOR IN CHIEF DawgShed News

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    because they can't stop it.

    www.avvo.com/legal-answers/copyright-of-a-name-in-literature-movies-1128427.html

    While a character can certainly be protected under copyright law, the actual name itself is not protected all by itself. So, in the copyright context, you would be free to name a character in your original work anything you wish, but if your character is merely derived from the character of some famous work you can easilly run into problems.

    That said, what you are referring to here is using the name as a trademark. Like any trademark, you should have a TM lawyer conduct the proper due diligence and clear the mark for the intended purpose to be used as a source identifier for your particular good and/or service.

    The fact that the same name had been used as a character in a famous movie does not all by itself pose a problem. But you may want to discuss your objectives in more detail with your lawyer to make sure that you are not intending on doing something that can cause a legal problem like, for example, misrepresenting that you are somehow associated with a particular movie, studio, etc.

    I will link you to some general info on TMs below and invite you to contact me for a free hone cosult if you care to discuss. I too am in NYC.

    Best regards,
    Frank
    Natoli-Lapin, LLC
    (see Disclaimer)
     
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  10. Tinman

    Tinman Well-Known Member

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    Hmmm, you might have a future here.:hat:
     
  11. Skid Marx

    Skid Marx EDITOR IN CHIEF DawgShed News

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    :hat: If you take it a step further, all the fan based stories written about star wars would all be purged from the net as well if Disney had the exclusive rights to the names they bought from Lucas.
     
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  12. MutteringJohn

    MutteringJohn Well-Known Member

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    I really think the charity excuse gets them off the hook. Other than using the name Yoda there is no association with Star Wars. Here is another thing. Suppose the people of the Amazon used a similar word in their language and you could say this is the phonetic pronunciation of that word. You would have a hard time doing that with Darth Vader but I could see a word like that sounds like Yoda being used in some tribe. This would be a very hard case to win in court. Unless you are using an actual likeness of the character Yoda. If Beth was stupid enough to say a kitten from a galaxy far, far away I think the publication of the book would be stopped
     
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