[Groop] Question on "trademarking"

Kaytee bodhikt at aol.com
Sun May 19 07:39:35 PDT 2013


Background: Disney tried to trademark the name "Dia de los Muertos", plus all the characters, etc. related to their new production... or anything that resembles them. (Don't worry. They didn't get the rights).


Question: Since Sergio already published a book (comic book, but still...) by that name, if they had gotten the trademark rights, would they have had to pay Sergio a licencing fee to use the name??? Seems to me, he has a prior "commercial" claim. And, so does Mexico, I suppose (which, essentially, is why they didn't get the rights).


Kaytee
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www.etsy.com/simplexities




 
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