As all IP practitioners know, trademark law is created to prevent confusion between products in order to safeguard the origin of the goods. Everything to prevent the consumer to be confused, right? But there are IP situations nobody could have foreseen.

Disney has now released with great success the movie Oz the Great and Powerful This movie is based on the original ideas and the books of Frank Baum of Wizard of Oz. The ideas and the books are in public domain.

Competitor Warner Bros., who owns the copyrights of the first movie in 1939 , will release “Oz” movies later this year.

These million productions will mean the start of selling numerous merchandising products. But merchandising of the same ideas and subject is somewhat confusing, isn’t it? Who is the real Wizard? Anyhow, companies with this size offering different takes on exactly the same ideas is unprecedented and certainly interesting.

Source: LA Times

Arnaud Bos

“Trademark protection gives freedom to do business.”

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