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Other >> Licensing Forum >> Licensing a Disney Character
(Message started by: e3 on Jun 26th, 2006, 5:12pm)

Title: Licensing a Disney Character
Post by e3 on Jun 26th, 2006, 5:12pm
First off, great site. Tons of great feedback and information!

Ok, so without divulging all the info, I have a question regarding licensing a Disney product, or any other cartoon for that matter.
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Let's define two things:

Object A already exists and is in mass production and sold everywhere. Let's call it a unique pencil made by one company.

Object B does not exist and would attach to Object A (the pencil) making it more fun and exciting.
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Object B could take any shape or form, and I had the idea of instead of creating my own character, why not contact Disney or Warner Brothers and sell the idea to them of putting their character(s) onto Object A which they have never done before.

In this case, would I just need to approach them with this idea (laywer at my side of course) and not worry about patents? Obviously I couldn't patent an existing cartoon character, but I'm guessing that I might be able to patent the part of how Object B would attach to Object A.

All parts here would be made of simple molded plastic so cost to produce probably would not exceed 2c per unit overseas.

I have a prototype already. And I've also checked out thoroughly the disney corporate site that lists all of the requirements for licensing their products. And what a list it is!

Thanks for any guidance or help that is provided.

e3

Title: Re: Licensing a Disney Character
Post by JSonnabend on Jun 27th, 2006, 6:26am
What's the question?

- Jeff

Title: Re: Licensing a Disney Character
Post by e3 on Jun 27th, 2006, 10:34am
Oops. Thanks for pointing that out. ;)

My question is basically what to do next. I have a prototype already.

Should I fund a patent research on the part of how Object B attaches to Object A? Or should I come up with my own character (instead of using an existing character) and then put them into production and mass market myself? I know that sales would be through the roof because it's one of those super simple ideas that you might say 'hey why didn't i think of that'.

But, I'm not sure what my options are because it seems more of an idea and less of an 'invention' per say. But I can say that I am 99% positive that this has never been done before. What to do? My biggest fear is of course getting the idea stolen, and my second biggest is wasting loads of money on lawyers because I'm unaware of the steps I should take.

Thanks for any help you might be able to provide for free :D

Title: Re: Licensing a Disney Character
Post by CriterionD on Jun 27th, 2006, 12:23pm

on 06/26/06 at 17:12:13, e3 wrote:
but I'm guessing that I might be able to patent the part of how Object B would attach to Object A.


hypothetically, you could.  While I obviously don't know what your exact invention is, here are some examples of similar patents, linked for exemplary purposes:

http://www.freepatentsonline.com/5207174.pdf

http://www.freepatentsonline.com/5158384.pdf

http://www.freepatentsonline.com/2248145.pdf


Quote:
my second biggest is wasting loads of money on lawyers because I'm unaware of the steps I should take


With a good attorney you won't waste money.  Well I guess you certainly could, but I would say that the right attorney would ensure that you are accurately informed enough about your options so that you would be at least able to make an educated decision on your own, before spending "loads" of money towards a patent or what not.  

Title: Re: Licensing a Disney Character
Post by JSonnabend on Jun 28th, 2006, 7:22am

Quote:
Should I fund a patent research on the part of how Object B attaches to Object A? Or should I come up with my own character (instead of using an existing character) and then put them into production and mass market myself?

The two options you present in the quoted language above are not alternatives -- they address different issues.  A patent would protect the novel, non-obvious elements of your idea, preventing others from doing the same.  It would give you no affirmative rights to actually use your idea, however.

Utilizing your own characters would eliminate the need to license others' copyrighted charactors and/or trademarks, but it would not stop others from incorporating your invention into their own products.

- Jeff

Title: Re: Licensing a Disney Character
Post by Pamela Gonzalez on Feb 9th, 2007, 10:58am
Does anyone have a link to the "Disney Licensing Requirements"?  I can't seem to find it on the Disney Corporate website.  Thanks!  ~ Pamela

Title: Re: Licensing a Disney Character
Post by Arian Sanchez on Nov 30th, 2007, 7:08am
I like disney charaters  ;)

Title: Re: Licensing a Disney Character
Post by jacobusjay on Dec 16th, 2007, 10:17am
Legally, Disney might have a ownership of licensing rights. I would suspect that they have tested their ownership in court, perhaps by having a pseudo-claim entered against themselves.

This does not mean that there is a licensing authority. Their licensing rights are protected by society's general acceptance of their ownership.

What this means is, if you can demonstrate that you are working in the public good, then society should reward you with whatever licensing rights they choose to bestow on you.

Who empowers the licenser?


Title: Re: Licensing a Disney Character
Post by JSonnabend on Dec 17th, 2007, 11:36am
jacobusjay, your post is utter nonsense.  There is no such animal as "licensing" rights separate and apart from some other property right such as copyright, trademark or patent, among othres.  It isn't "society" in some specific sense that provides the "right to license", but the underlying intellectual property rights.

Also, courts do not entertain "pseudo claims."

- Jeff

Title: Re: Licensing a Disney Character
Post by jacobusjay on Dec 18th, 2007, 5:45pm
Ouch!

I had a point but I best not make it now.

Well, perhaps, you can speak to the Union Indemnity fraud and the potential for using the court to convince claimants to drop their claims.

Jay



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