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
imagination or art. All you need is a brand."
- Neil Gabler
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:
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
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.
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.