this post was submitted on 31 Dec 2023
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    Oh boy, goodie! (sh.itjust.works)
    submitted 10 months ago by 0x4E4F@sh.itjust.works to c/linuxmemes@lemmy.world
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    [–] circuitfarmer@lemmy.sdf.org 27 points 10 months ago* (last edited 10 months ago) (3 children)

    I've heard an argument that a reason why Disney has pushed Steamboat Willie lately (new intro for Disney Animation films, and a lot of merch) is because copyright law works differently from trademark law. They can still claim a trademark even if the copyrighted work is in public domain. I'm not a lawyer, but if that's not all BS, I don't think we have to worry about anything like this anytime soon.

    [–] Ullallulloo@civilloquy.com 11 points 10 months ago

    I am a lawyer, and that is correct. You can use old Mickey for general purposes, but not as a mark.

    [–] 0x4E4F@sh.itjust.works 6 points 10 months ago

    Meeh, it's just a joke. It would be an aimmediate downer for me if I was a fisrt time xfce user.

    [–] DaBPunkt@lemmy.world 3 points 10 months ago (1 children)

    AFAIK you can only claim a trademark-violation if someone is (for example) selling stuff (so you couldn’t sell stuffed animals that look like an early Mickey for example).

    [–] Ullallulloo@civilloquy.com 4 points 10 months ago

    A trademark just has to be "used in commerce as a mark". In layman's terms, that basically means distributing goods or services with it as a logo or a name. A stuffed animal could be infringement, but using something a logo for your software is much closer to the classic infringement fact pattern.