Law and reality in publishing and entertainment (seldom the same thing) from the creator's side of the slush pile, with occasional forays into politics, military affairs, censorship and the First Amendment, legal theory, and anything else that strikes me as interesting. |
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15 March 2004
at
09:23
[UTC8]
The trademark-infringement action by a French author accusing Disney of stealing Nemo appears to have ended in Disney's favor. There remains a probable copyright action (for a general description, see IPKAT). Unlike the esteemed kitten, I do not believe that the copyright suit has a chance, because (unlike in trademark) independent creation is a complete defense to a copyright infringement claim, despite some domestic claims in France that such is not the case. However, the dancing around will be interesting nonetheless.