Am I breaking copyright laws with my business?

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2 June 2021
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Hi, I have started a small business which sells customer's pets drawn as Disney inspired cartoons. The name of my store is Disnify. I have a disclaimer on my website that states that my business is not affiliated with Disney. I am wondering if I am breaking copyright laws? My business is Disney inspired but in no way do we mislead our customers to think we are affiliated with Disney.
I am happy to send someone the link to my website to check if it's misleading or could potentially be breaking any laws.
 

Docupedia

Well-Known Member
7 October 2020
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24
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Maybe, maybe not. There’s a lot to consider as it takes an overall consideration, and then a consideration of what the reasonable punter would think looking at everything. It could be as simple as your business name, which would get looked at for closeness.

However, that may all be beside the point. In choosing to be inspired by Disney, you’ve selected one of the most militant (if not the most) intellectual property holders in the world. If they get wind of you, and even consider that you’re infringing on their IP rights you’re likely to get a cease and desist letter at least. There’s basis for doing so - if a trade mark holder doesn’t take steps to protect their marks, it leaves them open for challenge by others. Ultimately you may not be doing anything wrong, but they may decide to put you through the wringer anyway; which will cost you time and money and undoubtedly stress.
 

Atticus

Well-Known Member
6 February 2019
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2,394
I had a look at at what I assumed was your FB Page ... I agree you are playing with fire, especially with Disney. Get some good solid legal advice on potential problems if you want to continue
 
2 June 2021
3
0
1
Maybe, maybe not. There’s a lot to consider as it takes an overall consideration, and then a consideration of what the reasonable punter would think looking at everything. It could be as simple as your business name, which would get looked at for closeness.

However, that may all be beside the point. In choosing to be inspired by Disney, you’ve selected one of the most militant (if not the most) intellectual property holders in the world. If they get wind of you, and even consider that you’re infringing on their IP rights you’re likely to get a cease and desist letter at least. There’s basis for doing so - if a trade mark holder doesn’t take steps to protect their marks, it leaves them open for challenge by others. Ultimately you may not be doing anything wrong, but they may decide to put you through the wringer anyway; which will cost you time and money and undoubtedly stress.
Hey, thanks for your reply! You’re right. I have removed the word Disney from my website so that there is no mention of Disney, the only “Disney thing” would be the name of my store which is Disnify Me. Do you think it would be ok to keep the name as it’s not trademarked? Or should I change the name of my business?
 
2 June 2021
3
0
1
I had a look at at what I assumed was your FB Page ... I agree you are playing with fire, especially with Disney. Get some good solid legal advice on potential problems if you want to continue
Hey Atticus, yes I agree, my FB page isn’t the best at the moment. I am looking to remove the Disney font from my page and the word Disney altogether. I have already removed the word Disney from my website. I’m hoping the name Disnify Me is still ok to keep
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
Trademark holders (or licensees) and entities with exclusive distribution deals
can be vigourous and energetic in defence of those interests - as is their right.

You may be quite confident that Disney (and /or its agents in Australia)
will be take that approach with a word or phrase derived from any of their IP.
"Disnify Me" is exactly such a thing.

And yes, they can, and do "go after the little guy".
 
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