‘The Costs of Trademarking Dolls’

Rebecca Curtin, Zombie Cinderella and the Undead Public Domain, 86 Tennessee Law Review (forthcoming 2018), available at SSRN. Professor Curtin’s article, ‘Zombie Cinderella and the Undead Public Domain’, takes a recent case from the Trademark Trial and Appeal Board (TTAB) as the basis for an argument that trademark doctrine needs stronger protection against the exclusive commercial appropriation of characters that are in the public domain. In that case, a doll manufacturer sought to register the term ‘Zombie Cinderella’ for a doll that was zombie-ish and princess-like. The examiner refused registration because the term ‘Zombie Cinderella’ for this kind of doll was confusingly similar to the mark for Walt Disney’s Cinderella doll … (more)

[Jessica Silbey, JOTWELL, 6 November]

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