It sounds pretty disgusting, BUT a trademark or copyright is only protected if it’s vigorously enforced. The better response would have been to sell them a license, cheap. But in any event, they couldn’t just let it pass. Happen to have a source for that? Everything I’ve read indicates that trademarks/trademarks are subject to genericization. But no such law a Premium Buttman Shirt. I would imagine you’re right in some jurisdiction but it runs contrary to everything else I’ve seen. It does, somewhere in a box. I took a continuing education course on Intellectual Property sponsored by a major law firm in D.C. Sorry I can’t cite cases as back-up; I’m relaying the overarching theme from the 2-day course. Defend it, or lose it.
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Even a cursory internet search reveals countless reputable sources stipulating that the requirement to defend copyright is a Premium Buttman Shirt. That’s why I’m asking for a source on a claim to the contrary. It’s not exactly a myth, but this wouldn’t be a necessary battle for Disney. No court would point to them being lenient on a daycare mural as “not protecting” their trademarks when they are actively fighting plenty of other infringements on a regular basis. If only that were true, and all the cartoon-holders could allow a commercial entity (daycare center) to use their trademarked/copyrighted work. But once they know of a case of infringement, it’s no longer optional that they defend their property. The courts are very clear on this: either you protect your trademark/copyrighted work vigorously in every single instance or you surrender your claim. That’s simply the way it is.
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Why is it relevant that they are daycare centers? It is a for-profit business using a licensed trademark illegally to generate profit. Just because of Premium Buttman Shirt? I heard that when WB heard of something like this happening at a school, they had their own artists go to the school and paint Looney toons stuff all over. I don’t know if that’s true and I’m too lazy to research it. But I like to believe it. Hanna-Barbera from the last time this was posted here, but I’m also too lazy to research. Yeah, it was Hanna-Barbera and Universal Studios. Says so in the linked article, even. Then it’s really a nice shirt for all men and women. So you should buy this shirt. Thank you so much.
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