trademark ?

I did a photoshoot for some kids who were dressed in fairy princess dresses from the disney movies. I had Cinderella, snow white and sleeping beauty. I was reading about the stories (sorry it's been a long time and I've never been much of a TV person anyway) when I discovered this:

Trademark[edit]

As of March 2010 The Walt Disney Company has a trademark application pending with the US Patent and Trademark Office, filed November 19, 2008, for the name "Snow White" that would cover all live and recorded movie, television, radio, stage, computer, Internet, news, and photographic entertainment uses, except literature works of fiction and nonfiction.[21]

Does this mean that I can not photograph a child dressed like snow white, or any other trademarked character and use it in a portfolio or something of this nature?

I know what photographic use is but whats photographic entertainment use?

My understanding is that you would be able to use the photos, but wouldn't be able to title the photo "Snow White", but I'm not a lawyer.

Ok I see. My initial thought was the same but I perhaps thought that you couldnt photograph anything "snow white" related.. but then again they sell the costumes for kids so... but your interpretation seems to make the most sense and the trademark is on the name i think... not the image (of the dress or other)

Disney is aggressive in protecting their trademarks. The question of trademark infringment is "Are you trading on their mark? Are you using their corporate identity to enhance your own marketing?"

I would not identify anything Disney in any text--no names of any sort.

If clients are dressed a certain way for a session, I'll photograph them as dressed, but I would not indicate anywhere in my marketing materials that I was marketing any kind of Disney-themed session or that I planned the session that way. "They came dressed this way, and I took their picture."

abbypanda wrote in post #16047381
I did a photoshoot for some kids who were dressed in fairy princess dresses from the disney movies. I had Cinderella, snow white and sleeping beauty. I was reading about the stories (sorry it's been a long time and I've never been much of a TV person anyway) when I discovered this:

Trademark[edit]

As of March 2010 The Walt Disney Company has a trademark application pending with the US Patent and Trademark Office, filed November 19, 2008, for the name "Snow White" that would cover all live and recorded movie, television, radio, stage, computer, Internet, news, and photographic entertainment uses, except literature works of fiction and nonfiction.[21]

Does this mean that I can not photograph a child dressed like snow white, or any other trademarked character and use it in a portfolio or something of this nature?

I know what photographic use is but whats photographic entertainment use?

I certainly hope someone will be lodging an objection to this trademark application. Trademarking "Disney's Snow White" or "Walt Disney's Snow White" is one thing but just "Snow White". It is a fairy tale and in the public domain. Anyone can write a book, make a film or a TV show based on it and Disney shouldn't be able to reserve the name as a Trademark.

RDKirk wrote in post #16048023
Disney is aggressive in protecting their trademarks. The question of trademark infringment is "Are you trading on their mark? Are you using their corporate identity to enhance your own marketing?"

I would not identify anything Disney in any text--no names of any sort.

If clients are dressed a certain way for a session, I'll photograph them as dressed, but I would not indicate anywhere in my marketing materials that I was marketing any kind of Disney-themed session or that I planned the session that way. "They came dressed this way, and I took their picture."

This was exactly what I hoped. Because the truth is someone hand made those dresses for the kids and the mom wanted "princess" pictures. I will most def not use any disney terms about it. Thank you

Dan Marchant wrote in post #16048123
I certainly hope someone will be lodging an objection to this trademark application. Trademarking "Disney's Snow White" or "Walt Disney's Snow White" is one thing but just "Snow White". It is a fairy tale and in the public domain. Anyone can write a book, make a film or a TV show based on it and Disney shouldn't be able to reserve the name as a Trademark.

I had asked about this somewhere else and the debate went here quick. Snow white existed long before disney but it appears somehow they are pushing this through. From my quick (let me repeat quick) research it appears this is the result of that movie awhile back about "snow white". Sounds like Disney might have/ be suing the directors. I hope they fight back. Surely not everyone can just take an old tale and trademark it.

I think BMW at one time wanted to trademark 'M'.

In Australia (and I believe in the UK and possibly elsewhere in the world) Cadbury have trademarked a particular shade of purple.

philwillmedia wrote in post #16049507
In Australia (and I believe in the UK and possibly elsewhere in the world) Cadbury have trademarked a particular shade of purple.

wow... so does that preclude someone from using it period or just in connection with teh chocolate industry I guess?

philwillmedia wrote in post #16049507
In Australia (and I believe in the UK and possibly elsewhere in the world) Cadbury have trademarked a particular shade of purple.

There is actually nothing wrong with that. That colour is a long established and major party of their packaging/marketing design and the trademark is limited to their industry, which means you can't use it to sell chocolate. Any other usage in another industry is fair game. It is just the same as Penguin biscuits defending the look of their packaging. When a supermarket started selling Puffin biscuits in a similar foil wrapper the courts slapped them down pretty hard.

abbypanda wrote in post #16048669
I had asked about this somewhere else and the debate went here quick. Snow white existed long before disney but it appears somehow they are pushing this through. From my quick (let me repeat quick) research it appears this is the result of that movie awhile back about "snow white". Sounds like Disney might have/ be suing the directors. I hope they fight back. Surely not everyone can just take an old tale and trademark it.

I could be wrong but I was under the impression the Snow White trademark was for the logo - how they write snow white and not the original story or the character which is in the public domain.
There are many shows that use snow white.

They do own the copyright to their version of the story. Trademarks don't apply to that.

abbypanda wrote in post #16048669
I had asked about this somewhere else and the debate went here quick. Snow white existed long before disney but it appears somehow they are pushing this through. From my quick (let me repeat quick) research it appears this is the result of that movie awhile back about "snow white". Sounds like Disney might have/ be suing the directors. I hope they fight back. Surely not everyone can just take an old tale and trademark it.

You're probably thinking about copyright. Trademark's refer to text like a logo. If I were to trademark my name it would not mean someone else couldn't use it but they would not be able to type it exactly like I do.

Jimconnerphoto wrote in post #16050494
You're probably thinking about copyright. Trademark's refer to text like a logo. If I were to trademark my name it would not mean someone else couldn't use it but they would not be able to type it exactly like I do.

Jim, I had to re read the quote I posted but it said they filed a trademark on the "name" snow white. I'll have to research if it's hte "logo" or the actual name in their case.

On your post here I believe you are in error.
There are 2 types of trademark: a logo and/ or a name.

The name of both of my gyms has a trademark. It is the typed word itself that's trademarked. So:

ABC Martial Arts

It's trademarked just like that. So no one can use it to sell any type of service of martial arts. They can not write it in any shape, form or fashion. My logo however is not trademarked. That would require a totally new filing and be separate. If you trademark words within a logo, you only have the right to them within that logo. But there are 2 separate options for the trademark.

I think in the case of typed fonts it's referred to as a "standard character mark"