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  1. #1

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    Der Trademark Infringement

    Der Wienerschnitzel has been running television advertisements for more than a year that use Disneyland's logotype. Why has no one at Disney caught this infringement yet?

  2. #2

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    Re: Der Trademark Infringement

    Quote Originally Posted by PragmaticIdealist View Post
    Der Wienerschnitzel has been running television advertisements for more than a year that use Disneyland's logotype. Why has no one at Disney caught this infringement yet?
    I'm pretty sure it's not actionable. "Disneyland" is a trademark but the font is not -- it's one of the many variants of German Gothic typefaces that have been around for a long time, used here by Der Wienerschnitzel as a play on its fake German connection. No infringement -- just really wretched food.
    Last edited by Mr Wiggins; 11-10-2012 at 12:27 AM.
    "With the acquisition of Marvel and now of Lucasfilm,
    Disney may have finally found the grail. You don't need
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  3. #3

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    Re: Der Trademark Infringement

    I just found a picture that shows the same slogan as that used in the commercial, but, where Disneyland's distinctive "D" appears in the ad., the calligraphy for that one letter has been replaced on this food wrapper:

    State College And Ball State College-Ball Anaheim CA 92806 My Co Worker Got Me Mini Corn Dogs From Wienerschnitzel Food Food Wienerschnitzel

    Wienerschnitzel seems to know that use of the logotype constitutes infringement. Why else would there be an inconsistency?

  4. #4

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    Re: Der Trademark Infringement

    Hasn't Weinerschnitzel been using that font type for years? Since well before the days when it was Der Weinerschnitzel.

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    Re: Der Trademark Infringement

    Alphabets and letterforms are not copyrightable. Data within a font (the kerning, outlines, etc) can be copyrighted. The instruction to render a font, i.e. kerning, letter height, etc, are considered a computer program and therefore copyrightable, but not the actual letters or alphabet itself. So if you sat down and made your own font that looked just like another, then it is not infringement.

    Font names can be trademarked. Groupings of letterforms can be trademarked, ie "Disney" in the Waltograph font is trademarked, but the use of the font itself is not.

    As to the photo of the letter D being replaced, if they were worried about infringement, why did they replace the D in der, but not the D in the D/W logo to the left? This seems like more of a typographical error or use of a slightly different font between the logo and text as a whole.

    Our revels now are ended. These our actors, As I foretold you, were all spirits and Are melted into air, into thin air: And, like the baseless fabric of this vision, The cloud-capp'd towers, the gorgeous palaces, The solemn temples, the great globe itself, Yea, all which it inherit, shall dissolve And, like this insubstantial pageant faded, Leave not a rack behind. We are such stuff As dreams are made on, and our little life Is rounded with a sleep. mycroft16 on Twitter

  6. #6

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    Re: Der Trademark Infringement

    I would say as well, using a specific looking font to say other words is not very actionable. It can be redesigned and altered, as observed above, to look near similar but have distinct differences in details

    I pass by a apartment/housing complex sign every day driving to work that uses a near-identical typeface to the Haunted Mansion plaque/Ravenscroft font. Disney has yet to sue them.

  7. #7

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    Re: Der Trademark Infringement

    Hasn't Weinerschnitzel been using that font type for years? Since well before the days when it was Der Weinerschnitzel.
    The food wrapper doesn't use Disneyland's "D" at all. Only the television advertisements do.
    Last edited by PragmaticIdealist; 11-13-2012 at 12:29 AM.

  8. #8

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    Re: Der Trademark Infringement

    The font is the same font that Wienerschnitzel used back when it was called Der Wienerschnitzel. That font, like the classic Disneyland logo, is not a Disney trademark. It existed long before Disneyland did. It's based on antiquated German typefaces, particularly the one known as Fraktur, and related Old English typefaces. Both are rooted in old European calligraphy.




    Basically it's what's known as a Blackletter typeface, and there are many variants. The one used in the classic Disneyland sign is not trademarked.

    The Blackletter Typeface: A Long And Colored History - SitePoint
    Last edited by Retrocool; 11-12-2012 at 12:03 AM.

  9. #9

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    Re: Der Trademark Infringement

    God I'm old....I remember the "not-a-burger" campaign.


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    Re: Der Trademark Infringement

    I too have noticed this, there isn't a whole lot they can do. It's a font, they aren't claiming to be Disneyland.

  11. #11

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    Re: Der Trademark Infringement

    Quote Originally Posted by doppio View Post
    God I'm old....I remember the "not-a-burger" campaign.
    That's nothing, I remember the jingle from the original Taco Bell radio spots.
    "With the acquisition of Marvel and now of Lucasfilm,
    Disney may have finally found the grail. You don't need
    imagination or art. All you need is a brand."

    - Neil Gabler


  12. #12

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    Re: Der Trademark Infringement

    Besides, the Wienerschnitzel "D" looks nothing like Disneyland's

  13. #13

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    Re: Der Trademark Infringement

    Even if it is copyrighted, if they were using it before it was copyrighted, then it would be pretty hard to sue them.
    DisneyTwins
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    Re: Der Trademark Infringement

    Quote Originally Posted by Steve DeGaetano View Post
    Besides, the Wienerschnitzel "D" looks nothing like Disneyland's
    The new font does. In fact, it's identical.

    Wienerschnitzel - Premium Hot Dogs and Sausages - Derlicious

    Scope the homepage..

  15. #15

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    Re: Der Trademark Infringement

    Very close, yes, but some of the Wiernerschnitzel strokes are heavier.

    Besides, the original Disneyland font had much skinnier strokes. It actually might be Disneyland "infringing" on Wiernerschnitzel's font!

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