Re: Dracula

Leo Smith <barter[_at_]ntplx.net> asked:
>
> If Dracula is now in public domain, and Universal Studios decides to
> come out with a new movie by the same name, can Universal prevent a
> non licensee from coming out with Dracula product at the time of the
> movie's debut where the non licensee uses graphics from the original
> book cover?

As long as there is no suggested tie-in with the movie (actually, with ANY of the Dracula movies Universal has made over the years), Universal would not have an action in this case.

> When Mickey Mouse enters the public domain, does a non licensee of
> Disney have the right to put out lunch boxes and gift bags featuring
> the name Mickey Mouse?

No. The fact that the copyright in the character Mickey Mouse and early cartoons featuring Mickey is about to expire does not alter the status of Mickey Mouse as a trademark of Disney Studios. Thus, in my opinion, Disney would still have trademark and unfair competition causes of action in the situation you describe, even though they would have no copyright cause of action.

Discussion, not legal advice.

Bob Cumbow
<cumbr[_at_]perkinscoie.com> Received on Wed Jul 22 1998 - 16:17:09 GMT