Monday, September 17, 2018

The "Waffle maker" problem

Here’s a hypothetical trademark question proposed by Tim Lee  (Ars Technica) on Twitter.  If a restaurant (or motel for free breakfast) buys a “licensed” waffle maker with an image of Mickey Mouse, does it need a license from Disney?  Is this trademark or copyright? 

One answer suggests that it could be trademark issue if the public thought Disney had endorsed it, or had a business relationship with the restaurant or motel chain.

Others thought it was copyright.

Think of this as a law school course final exam question. 

Not part of EU’s “copyright directive”.