Showing posts with label bad publicity v. sensible commercial decision. Show all posts
Showing posts with label bad publicity v. sensible commercial decision. Show all posts

Saturday, December 22, 2018

Hakuna Matata™? Can Disney Actually Trademark That?; The New York Times, December 20, 2018

Kimiko de Freytas-Tamura, The New York Times; Hakuna Matata™? Can Disney Actually Trademark That?

"Trademark experts said the talk of colonialism and robbery was overwrought, and that the trademarking of phrases, particularly those from other languages, is commonplace.

“People talk about appropriation,” said Phillip Johnson, a professor of commercial law at Cardiff Law School in Wales and a specialist on intellectual property law, “but a trademark is all about appropriation of language within a narrow commercial sphere, outside that space people are free to use the language as they wish.”

“What’s difficult about this case is whether it was a sensible commercial decision for the Disney brand, rather than whether, legally, the mark should or should not be registered,” he added. “The question is, does their brand benefit from having trademark or does it get damaged from bad publicity from having that trademark?”"