Am I breaking copyright laws with my business?

[SabrinaJosephine]

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]

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]

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

 

[SabrinaJosephine]

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?

 

[SabrinaJosephine]

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]

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".

 

[ippartnership]

When it comes to trademark infringement, copyright infringement is frequently exploited, which is exactly what a lot of homemade business owners and Etsy sellers do when selling Disney, Hello Kitty, or Star Wars merchandise.


Copyright is a type of intellectual property that includes things like language, drawings, books, music, methods, and machines. Intellectual property is protected by trademarks, copyrights, and patents.

REGISTRATION
You are not needed by law to register a trademark, copyright, or patent; but, you must not infringe on the intellectual property of others.

Registering a trademark for your logo or designs, a copyright for your written work, or a patent for your innovation gives you additional protection and makes it easier to prove ownership and pursue legal action (if you choose).

INFRINGEMENT

Unfortunately, major retailers such as Old Navy, Zara, and Forever 21 routinely plagiarise the work of independent designers.

Handmade business owners, on the other hand, are more likely to infringe on big firms' intellectual property.


Etsy is full of crocheted Disney characters, NFL trademark merchandise, and Star Wars-themed fabric, among other things.



It is not lawful to sell these things just because another business owner is doing so.



If you want to sell things that look like Disney characters or utilise Disney-themed fabric, you'll need to get a licencing agreement. The company that made the fabric would have (or should have) bought the licencing rights from Disney to do so, but that agreement does not transfer to you, and you're probably only allowed to use it for personal use. But yes it would be better if you consult with trademarking lawyers for better understanding of such situation.

 

[tim3272]

In my experience of running a small online business, understanding and navigating copyright laws was a crucial early step. I had to ensure that my products and branding didn't infringe on any existing intellectual properties, which can be a complex area, especially when drawing inspiration from well-known brands. Consulting with a legal expert was a worthwhile investment, providing clarity and peace of mind.

Regarding business growth, effective advertising has been a cornerstone of my success. I learned the importance of researching and understanding the competitive landscape. Using AdSpy, a tool that allows me to see the ad campaigns of my competitors, I've been able to refine my advertising strategies. It showed me what works and doesn't in my niche, which was invaluable for a small business like mine. This approach and a clear understanding of copyright laws have helped me navigate the tricky waters of growing a business in a competitive and legally complex environment.

 

[Malcolm Burrows]

I agree that you are playing with fire...