I have long been a critic of our trademark and copyright laws for years as companies claim an ever-widening array of common names and symbols — suing over everything from the right to use of an apple in a logo to using expressions like “who dat? Now, Walt Disney has filed for trademark rights to the name “Seal Team 6” only days after the Bin Laden operation.
Trademark and copyright laws were designed to protect creativity and encourage productivity. Instead, they are now becoming constant threats to writers, artists, and others who use common symbols or expressions. Even such iconic speeches as “I have a dream” have been the subject of litigation despite the fact that they are given on the Washington mall in public events.
President Obama has yielded to copyright hawks and has supported the criminalization of violations. The White House has even threatened bloggers with the improper use of the presidential seal on their sites. In the meantime, attorneys suing citizens under these laws are now suing people who are trying to help citizens accused of violations.
Citizens are being hit with ridiculous demands for damages and cease-and-desist orders. This is a case of lobbyists controlling the agenda in Congress with increasingly absurd results.
Disney will soon own Seal Team Six because it is . . . well . . . Disney. In the future, it would save time to imply have formal sponsors and product placement in such raids.
Just for the record, Disney has already found the seals to be a bit of a handful:
Source: USA Today
Thank you Elaine for the Mickey clip!
From Funny or Die:
The Navy Seal Who Killed Osama Bin Laden
http://www.funnyordie.com/videos/8e464776e6/the-navy-seal-who-killed-osama-bin-laden
A bit of advice for Obama: The presidential seal is a symbol; it can only be degraded or misused by the president. Just as flag-burning is legal, use of the seal should not be restricted by a politician. He apparently identifies it with himself, but by selling out our values, he mars it.
As for Disney, money squeaks and quacks. The Congress that enables unfair copyright law smugly imagines that it could never be confined in the corporate intellectual prison, even as it beds down.
Maybe Disney could try trademarking a name other than “Seal Team Six.” I suggest the following: Deep Six Team.
There is no need to panic over this. Disney has APPLIED for the trademark but the law has at least two safeguards that will ensure they never RECEIVE it.
First, prior use in commerce. To claim the mark, Disney must be the FIRST to sell items with the mark in the US. The US Navy has in the past ordered the creation of uniform patches (and possibly other items) with the phrase “Seal Team Six” on it. That is a purchase of clothing items with the mark, prior to Disney’s own use. Disney therefore does not have the right to claim the trademark.
Second, deception. No new mark shall be registered if it is misdescribes a product quality in a believable way. “Seal Team Six” is deceptive in that it believably implies endorsement by the actual Seal Team Six or the Navy. Additionally, there is no way to overcome this hurdle, even after years of use in commerce, if the deception makes confused people more likely to purchase. And many would buy these products in the belief they are supporting Seal Team Six. Disney’s application therefore fails on deception grounds.
Pete – I had forgotten “Team America” but you hit the nail! It even has the theme song that all America was singing right after the raid “America – Fuck Yeah!”
Totally offensive. But I’m guessing it will backfire when some Vets association demands they hand the trademark rights over to the US or public domain. “American Legion mounts boycott of Disney” – love to see that!
Who better than Disney to glorify state-sanctioned murder to young children?
Elaine M,
Lmao … thanks for that …
The Disney Seals have already begun their rigorous training!
I have just returned from grocery shopping … it is damn cold and wet out there and I am fed up with it
Elaine,
The dark side for sure … but then, one of the reasons our forefathers scrapped the Articles of Confederation was to take control of foreign policy in order to benefit commerce (I know Buddha, I know)… one wonders if they envisioned a future in which a U. S. corporation founded on cartoon characters would attempt to abscond with the U. S. Navy’s naming rights
Now there’s a great plot for a movie … U. S. Navy SEALs run a raid on Disney to recover naming rights … I’d pay to see that
Frank
it’s already been made. it was called “Team America World Police”
with all puppets, same as the “actors” you listed.
Frank,
“It would be a real stretch for Ms. Jackson to play a door nob but, with effort she could pull it off I suppose.”
Regarding a doorknob–Jackson, not understanding that one should be turned…she probably would pull it off!
AY,
Although I’m kinda partial to Hermie the Dentist, the Elf Headmaster’s growing on me … he’s a cool little dude …
SL,
Now why do you giggle?
Frank,
Surely she can play the part of a crazy homeless person muttering to herself while wandering around in circles outside the White House …
Victoria Jackson?!? So you think there will be a part for a door nob in this movie? I suppose, there could be. It would be a real stretch for Ms. Jackson to play a door nob but, with effort she could pull it off I suppose.
AY,
“we are in bigggggggggggggggggggg………trouble…….”
And to that I say, “no shit” 🙂
BTW, every time I see your gravatar I just giggle my ass off!! Excellent choice …
SL,
I know Nugent and if he makes Bachmann look sane…even relatively….we are in bigggggggggggggggggggg………trouble…….
Elaine M,
Lol – Nugent and Jackson … these two make Michelle Bachmann look relatively sane …