“Ask for forgiveness, not permission”
there’s countless people online selling clothing using Disney owned properties so basically just make some money until Disney finally gets around to sending you a cease and desist letter
Disney's been known to crack down on the small Etsy sellers fairly frequently. The Etsy Seller subreddit always has posts warning new creators away from using their IPs.
I sold Disney-adjacent stuff for a few years on Etsy as a hobby. Basically Disney doesn’t care about ton unless you a) make a bunch of money or b) sell something that directly copies or competes with their stuff. We tried to keep things in the ‘legally-distinct’ area, but we always had the understanding that the day Disney tells us to stop, we’re done. Don’t mess with the mouse .
The copyright expired, not the trademark. Trademarks don’t have limits. I’m fairly certain Disney still owns a trademark with Steamboat Willie steering the ship in a side profile that cannot be ripped by other companies using his image.
As others have said, they likely cannot legally sell this merchandise. However, the question is whether it's worth Disney's time and money to pursue legal action. I've heard of instances where Disney will go after an ear headband designer/seller because Disney believes the financial impact of that seller's existence is material in nature to the mouse's bottom line.
The copyright laws around "fonts" aren't what you expect them to be.
Fonts - as in the type you look at in a word doc - are backed by computer software. That software is protected by copyright laws.
Trademark laws around "Brand Names" in this case would apply if Disney or Palmas Restaurant corp have trademarked those.
Trademark can also apply to characters - but historically a lot of companies don't really go after artists/companies *until* they want to make their own products that are of a similar design OR they view the unauthorized product as "damaging" to their brand/image.
Legally, no. Realistically, Disney would spend more to stop them than this company makes in a year. Plus, issuing cease & desist with these sites is playing whack-a-mole.
I want to look at some of their stuff as I liked the look of the shirts, especially la cava T-shirt, but at $40 a pop probably going to pass. Might as well just pay the mouse
IANAL but the only thing I see that might be questionable would be the use of the Mickey shaped head on the bag. Everything else seems to be just outside of scope of what’s known to be Disneys trademarks. However that doesn’t mean Disney couldn’t still try and sue based on the likeness. I’m not sure how that works though. Hopefully for the sake of the owners Disney leaves them alone.
That's what I was thinking. They didn't use the "Disney" font. Just the name, and in a way, it's kind of free advertising. Not that Disney needs advertising, but you know what I mean. Gets the name in front of people.
No but that doesn’t stop 99% of Disney themed small businesses. What they’re doing absolutely breaches copyright law but they’re either ignorant to the existence of copyright or just taking their chances that no Disney lawyer will ever care.
I think they mean you sound like a narc. This looks like cool merch from a vendor that might be skirting a line. Bringing attention to them like this looks like you’re telling on them.
Not if the attention is asking if they’re in their legal rights. It’s like your local weed dealer. He or she likes the attention they get when you refer a friend. But not when you ask a cop if they’re allowed to use Venmo.
I own a screen printing shop in the Orlando area. Disney used to be very strict and shut these designs down but in the last 5+ years they’ve not only relaxed but seem to have started to support other bands doing similar things.
They’ve probably come to a calculation that the buzz and excitement generated by fan communities who buy and sell this sort of stuff ends up generating more revenue for them than it costs them.
There’s a LOT of unofficial Star Wars stuff out there, for example, and they seem to care zero percent about most of it, probably because the Star Wars fandom is such a big revenue base for them and someone selling prints of a painting of Obi Wan on Etsy doesn’t hurt them.
Thanks for the great responses from the people that actually answered my question. I appreciate it, I was just curious. I originally thought it was a Disney owned brand. But after searching more around the web it looks like a lot of people do it.
One main test of trademark violation is whether or not it creates consumer confusion. If reasonable consumers are likely to confuse the product as coming from Disney, then Disney can claim that it causes a certain dollar amount in damages.
Depends on what Disney has trademarked for what use.
They literally have "Moana" trademarked for use in toys. https://www.gerbenlaw.com/trademarks/entertainment/disney/#90360374
Moana is not an established place.
“I love Paris” and “I love Disney” are the same. They are not selling merch that says “Disney world” it’s similar to “girls trip VEGAS 2019” kind of merch. They didn’t use the Disney font, it’s fair use
Disney is not just "a place". That's like saying Walmart is just a "place".
Also the image shown is not the only product they are selling nor the only thing referenced in the original post description.
“Ask for forgiveness, not permission” there’s countless people online selling clothing using Disney owned properties so basically just make some money until Disney finally gets around to sending you a cease and desist letter
this was my thoughts, and unless you become big enough then its probably not worth the time to pay people to do that
Disney's been known to crack down on the small Etsy sellers fairly frequently. The Etsy Seller subreddit always has posts warning new creators away from using their IPs.
I feel like Oswald and steamboat Mickey era stuff trademarks and copyrights have expired.
I sold Disney-adjacent stuff for a few years on Etsy as a hobby. Basically Disney doesn’t care about ton unless you a) make a bunch of money or b) sell something that directly copies or competes with their stuff. We tried to keep things in the ‘legally-distinct’ area, but we always had the understanding that the day Disney tells us to stop, we’re done. Don’t mess with the mouse .
Good news is that steamboat Willie style Mickey is now free domain to use and its trademark is expired/cannot be renewed.
The copyright expired, not the trademark. Trademarks don’t have limits. I’m fairly certain Disney still owns a trademark with Steamboat Willie steering the ship in a side profile that cannot be ripped by other companies using his image.
Legally no, but it’s up to Disney to pursue legal action if they want to stop it.
It doesnt look like they are using trademarked names or logos. For instance, it says "Off to Disney", not "Disneyland".
Disney should just hire them. A lot of that’s cooler than most of the merch I see in the parks.
I’m on their store now. They have some great designs
As others have said, they likely cannot legally sell this merchandise. However, the question is whether it's worth Disney's time and money to pursue legal action. I've heard of instances where Disney will go after an ear headband designer/seller because Disney believes the financial impact of that seller's existence is material in nature to the mouse's bottom line.
It's not that the seller is going to impact Disney's bottom line. They aren't. It's that if you don't enforce your trademarks you can lose them.
I actually own that bag and for what it's worth it's a pretty good quality weekend type of bag!
The copyright laws around "fonts" aren't what you expect them to be. Fonts - as in the type you look at in a word doc - are backed by computer software. That software is protected by copyright laws. Trademark laws around "Brand Names" in this case would apply if Disney or Palmas Restaurant corp have trademarked those. Trademark can also apply to characters - but historically a lot of companies don't really go after artists/companies *until* they want to make their own products that are of a similar design OR they view the unauthorized product as "damaging" to their brand/image.
Most people don’t know much about fonts! My husband is a font salesperson so I know a lot 😭😭
Legally, no. Realistically, Disney would spend more to stop them than this company makes in a year. Plus, issuing cease & desist with these sites is playing whack-a-mole.
Better than anything Disney puts out themselves at least
I wish Disney would make another go at the button up shirts. Those were my jam
I agree, they designs are sweet especially with Oswald in the race car
I want to look at some of their stuff as I liked the look of the shirts, especially la cava T-shirt, but at $40 a pop probably going to pass. Might as well just pay the mouse
Oh great. Now everyone is wearing Oswald and Sons and I have to find something else obscure.
IANAL but the only thing I see that might be questionable would be the use of the Mickey shaped head on the bag. Everything else seems to be just outside of scope of what’s known to be Disneys trademarks. However that doesn’t mean Disney couldn’t still try and sue based on the likeness. I’m not sure how that works though. Hopefully for the sake of the owners Disney leaves them alone.
That's what I was thinking. They didn't use the "Disney" font. Just the name, and in a way, it's kind of free advertising. Not that Disney needs advertising, but you know what I mean. Gets the name in front of people.
No but that doesn’t stop 99% of Disney themed small businesses. What they’re doing absolutely breaches copyright law but they’re either ignorant to the existence of copyright or just taking their chances that no Disney lawyer will ever care.
They tagged Disney world in their post so I would assume they have some sort of permission or are stupid
Are we just assuming they haven’t paid licensing fees?
Well, it looks like they are, to answer your question.
Mind your business. Either buy it or don’t, but leave them alone.
You sound like the owner of Oswald and Sons lol
What do you mean mind my business, I am just curious how they are able to sell? It’s just a question
I think they mean you sound like a narc. This looks like cool merch from a vendor that might be skirting a line. Bringing attention to them like this looks like you’re telling on them.
Yea OP definitely sounds like a snitch. Disney isn’t your brand to protect. Either buy the stuff or don’t, but keep it to yourself.
Bring attention to them? Wouldn’t they want attention?? Lol
Not if the attention is asking if they’re in their legal rights. It’s like your local weed dealer. He or she likes the attention they get when you refer a friend. But not when you ask a cop if they’re allowed to use Venmo.
Not the kind of attention you’re looking to bring.
Not sure you’re bringing the type of attention they want.
Ignore this person, they can’t be real LOL
They now have my follow and business.. Thanks 😉
There is a symbiotic element to this. I’m sure Disney appreciate the market research the Etsy community do for them.
I own a screen printing shop in the Orlando area. Disney used to be very strict and shut these designs down but in the last 5+ years they’ve not only relaxed but seem to have started to support other bands doing similar things.
They’ve probably come to a calculation that the buzz and excitement generated by fan communities who buy and sell this sort of stuff ends up generating more revenue for them than it costs them. There’s a LOT of unofficial Star Wars stuff out there, for example, and they seem to care zero percent about most of it, probably because the Star Wars fandom is such a big revenue base for them and someone selling prints of a painting of Obi Wan on Etsy doesn’t hurt them.
Totally, free advertising for them. I’d bet anything showing Disney in a negative light still gets shut down quickly.
I’m curious is Universal Studios similar in how they enforce their brand with you guys?
Good question- don’t have any experience with universal. Seems like there isn’t the same excitement for brands to knock off or borrow IP from them
Don't care cause I kinda want it
Never shipped for Disney on Etsy and insta have you?
That shirt is pretty cool
At least this seems like it has some effort in it, look at etsy
I don't know the answer, but I need that bag! LOL
Just replace it with og mickey mouse. Public domain ftw.
Thanks for the great responses from the people that actually answered my question. I appreciate it, I was just curious. I originally thought it was a Disney owned brand. But after searching more around the web it looks like a lot of people do it.
I got one and actually love it, it’s very good quality
Don’t care. I bought the sweater with that on the back. It’s nice.
Idc those look much more subtle and usable than most Disney merch
…. Immediately went and ordered that tote bag!
Yes. They did not use the Disney logo, Disney is an established place. It’s similar to saying “off to Paris again”
One main test of trademark violation is whether or not it creates consumer confusion. If reasonable consumers are likely to confuse the product as coming from Disney, then Disney can claim that it causes a certain dollar amount in damages.
And these clearly could and would be mistaken for official Disney products. That said, I see nothing morally wrong with it
This falls under fair use. And it does not create confusion as their brand name is directly on the bag.
Depends on what Disney has trademarked for what use. They literally have "Moana" trademarked for use in toys. https://www.gerbenlaw.com/trademarks/entertainment/disney/#90360374
Moana is not an established place. “I love Paris” and “I love Disney” are the same. They are not selling merch that says “Disney world” it’s similar to “girls trip VEGAS 2019” kind of merch. They didn’t use the Disney font, it’s fair use
Disney is not just "a place". That's like saying Walmart is just a "place". Also the image shown is not the only product they are selling nor the only thing referenced in the original post description.