Legal Protection for Animated Characters and Film Titles

——Disney Enterprises, Inc. and Pixar v. Xiamen Blue MTV Co., Ltd. etc. in respect of copyright infringement and unfair competition disputes

[Abstract]

A simple design idea, as a train of thought, should not be monopolized but be referred to or used for reference reasonably. However, when a combination of multiply design ideas fully presents a unique and distinguished animated character, such combination becomes original and ingenious works that is protected by copyright laws.

For the purpose of identifying a film title as a business mark that is protected by unfair competition laws, the period of film promotion, the period of theatrical run and the like should not be overemphasized, but the distinctiveness of film industry should be considered, together with promotion status before and after the film is launched on the market, box-office results gained, public opinions, on-going influence and the like. A film title which functions to identify its source of commodity after it has been used by the right-holder can be identified as a business mark which is influential to some extent. 

Legal Protection for Animated Characters and Film Titles (I)

Legal Protection for Animated Characters and Film Titles (II)