Would that be copyright?

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WaltFan
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Would that be copyright?

Post by WaltFan »

I read everything about like where to post the thing's I want to post.. but still stuck on this one... well that thing doe's say 'get answers' so I will go ahead and ask these question's...

1.Would it be copy right to put you first name in... like... DisneyWorld....... well let me give you an exsample...

FoggianWorld, or ClomoWorld...

If you made a park and did that... would it be copyright?

2.You know how in disneyland there are diffrent land's... like AdventureLand.... if you did that but named them diffrent thing's... like this

Frontier(don't know how to spell that)Land= PastLand

Something like that... would that be copyright?


Please take the time to answer :(
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Loomis
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Post by Loomis »

Despite some evidence to the contrary, Disney does not own the World. :) They don't even own the word world. There is a theme park here in Australia called Dreamworld.

However, with copyright the two main tests are whether the name you are using is substantially or deceptively similar to the trademarked phrase. For example, Microsoft, after many years, won the right to trademark the phrase 'Windows' in RELATION TO COMPUTERS. Windows do have another primary meaning, but common usage has given them a secondary meaning. How does this relate to Disneyland/World? Well, if you are setting up a theme park, there will be certain phrases that Disney could argue that you might be using that have become intrinsically related to their business. Adventureland etc may be seen as such, even though all parts of that word are within common usage as different things.

However, if I were to set up a Loomisworld with a Futureland, a Pastland and a Cowboyland technically I would be blatantly copying Disney, but you can't copyright an idea per se. Hence all the similar TV shows and movies. However, Disney may still have a legitimate case for arguing that we are using names that are similar enough to be trading on their goodwill and name.

Intellectual property is a murky area. Especially when Disney is involved.
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