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Trademark Protection for Characters After Copyright
As the copyright terms of many iconic, character-based works of the 20th century near closure, owners of these works face the question as to what extent they can enjoy exclusive rights in the characters they have created. Included is Disney's Mickey Mouse, first introduced in the short animated film 'Steamboat Willie' in 1928. Enterprising third parties raise the related question: Does the expiration of copyright mean these works and characters can be freely exploited? Once a copyright term lapses, an original work is said to pass into the public domain, available for all to freely copy and exploit. However, continued trademark protection for a character may delay or complicate the character's passage into the public domain. A careful analysis of fundamental principles of trademark and copyright law and relevant case law illuminate certain legal guideposts for navigating through the complexities of character protection.
Copyright and Trademark Law Operate Independently
Although copyright and trademark law are often lumped together under the intellectual property umbrella, they hold distinct legal underpinnings, policy objectives, and rules of protection. Naturally, the two bodies operate independently of one another ' 'the presence or absence of one does not affect the other.' McCarthy, J. Thomas, McCarthy on Trademarks and Unfair Competition, 4th Edition, '6.5, '6.31 (West Group 1999).
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