Striped Wocky Idea...

[dlfreak]

Not sure if this is the right forum but...


I would like to see the striped wocky remade this way what do you think?

Here's how it really looks:

[Medusa]

The "new" design reminds me of the Cheshire Cat, just give it a big grin and it'll be set to wander off to Wonderland! Anyways, I like it, it looks much more Striped than the current one!

Last edited by Medusa on Fri Jan 28, 2005 7:47 am, edited 1 time in total.

[TDG]

*sniff* *sniff*

I smell a lawsuit

[Medusa]

*sniff* *sniff*

I smell a lawsuit

Ya-ha, at the very least I think the colours would need to be changed.

[dlfreak]

yea it was my intention to use those colors... I don't think Disney could do anything though as it is not the Cheshire cat... it is their Trademarked Wocky and it doesn't look like the Disney version except for the colors

[Medusa]

yea it was my intention to use those colors... I don't think Disney could do anything though as it is not the Cheshire cat... it is their Trademarked Wocky and it doesn't look like the Disney version except for the colors

I dunno, if that was your intention in creating it and the first two people who viewed it picked up on it I think Disney and Neopets could easily end up in a head to head Court battle over it. Afterall, although it might not be the Cheshire Cat, it has been designed in that way and Disney would probably argue that the sub-conscious link to the Cheshire Cat is enough.

[TDG]

Well the Flurbie wasn't a Furby but Furby still sued Neopets.com and forced them to change it to a Fuzzle...

And besides, Disney works with Neo so much anyways in advertising...if anything was going to be remotely similar they'd have to change to http://www.DISNEYLANDRULES!!GOTODISNEYL ... eopets.com or throw a picture of the Disney Trademark Castle on every page

[dlfreak]

Afterall, although it might not be the Cheshire Cat, it has been designed in that way and Disney would probably argue that the sub-conscious link to the Cheshire Cat is enough.

You can't sue on the subconscious though... as far as courts are concerned there's no such thing as subliminal messages... I'll have to look up how far copyrights go but I don't think Disney would be able to do anything over this. Look at Wooldoor Sockbat and Toot on "Drawn Together." and I'm sure they didn't get permission.

Parodies are not against the law Oh and speaking of Parodies... the Wocky does somewhat look like the Cheshire cat and if you look at the name: Wocky... that is a shortened name of an Alice and Wonderland creature the Jabberwocky.

Anyhow, this isn't really a super serious post, just thought it was a neat idea

Last edited by dlfreak on Fri Jan 28, 2005 8:05 am, edited 2 times in total.

[TDG]

Afterall, although it might not be the Cheshire Cat, it has been designed in that way and Disney would probably argue that the sub-conscious link to the Cheshire Cat is enough.

You can't sue on the subconscious though... as far as courts are concerned there's no such thing as subliminal messages... I'll have to look up how far copyrights go but I don't think Disney would be able to do anything over this. Look at Wooldoor Sockbat and Toot on "Drawn Together." Parodies are not against the law

Actually if the site is large enough then Disney can demand royalties or compensation for using a character from a copyrighted and trademarked film extensively

[dlfreak]

Actually if the site is large enough then Disney can demand royalties or compensation for using a character from a copyrighted and trademarked film extensively

Yes, but as I said... royalties for using Disney images. A Wocky is not a Disney image though, Wockys are trademarked by Neopets. As I said, I'll look it up and get back to you guys with an answer

[Medusa]

As I said, I'll look it up and get back to you guys with an answer

Good-o, I look forward to it as I still disagree with you.

[dlfreak]

As I said, I'll look it up and get back to you guys with an answer

Good-o, I look forward to it as I still disagree with you.

Well that's what discussion boards are for... discussing your opinions;)

[Medusa]

What Is a Trademark or Servicemark?
A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" are commonly used to refer to both trademarks and servicemarks.

Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the Patent and Trademark Office. The registration procedure for trademarks and general information concerning trademarks is described in a separate pamphlet entitled "Basic Facts about Trademarks".
http://www.uspto.gov/web/offices/pac/do ... whatis.htm

Frankly I could see a major Court battle arising over the issue of whether of not the stripes on the Wocky are "a clearly different mark". Anyways, I'm going to refrain from arguing about the legal issues behind this from now on although I do look forward to reading any information you might be able to provide

[dlfreak]

No luck yet (tooooo late) but I would think that Disney would have to sue the creators of the Bagpuss as well...

Or maybe Disney and Bagpuss' creators can sue Neopets together if NP releases this version of the striped Wocky

[Twisted Sanity]

All this copyright stuff is good and all, but there are so many products out on the market, that if you looked closely, you could claim that Neopets is completely made up of copyrighted material (not made by them ).

I mean, even without realising it, most people draw, write and think up ideas based on past experiences. And a majority of those experiences are copyrighted. I guess like most people have said, everything depends on how far copyright goes. A simple stripe pattern may not remind everyone of the Cheshire Cat. I'll probably be one of the few that says that I was more reminded of Garfield than the Chesire Cat for some reason.

And if the worst comes to worst, I probably wouldn't see anything serious arising. I mean, for all we know, Disney might even take it in good humour and use Neopets material (not very noticably, but noticable for any PPTer or serious Neopian) in a film or show. Disney and Neo are working super-close with each other, and a simple stripe pattern on a Wocky wouldn't be casue enough for a law suit in my opinion.