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mingrul Our Blue Iguana
Posts: 233

I just saw the HSM3: Senior year and love it! bear_wub  bear_wub I'm so crazy about them :redface:  and just wondering, if i copy the attire of the Wildcats uniform or there logo onto my bears or anything you see in the movie/series and sell it.. is this allowed? Am i violating copyright? I dont want Disney to go after me bear_tongue

way back someone created Narnia bears as well... or even Harry potter scene...

thanks guys for the help....  bear_grin

Densteds Densteds
Posts: 2,056
Website

I know "Brother" sewing machines have disney embroidery characters and you are only allowed to make items for your own use, but you cannot put the embroidered characters onto items for resale..so I would expect this might be the same with Wildcat uniforms and logos..I'd be a bit worried about using anything like that in case of copyright laws.

The Rabbit Maker The Rabbit Maker
England
Posts: 677
Website

Hi
I'm not sure but I would think if you copied it for your own personal use it would be OK, but if you are going to sell items with logos I think that will be a problem.
Hopefully someone will have more advice for you. bear_original

lapousmor Sophie Z'Ours
Sarthe, France
Posts: 2,770

The subject about using disney logos or critters was already discussed on TT.  I advice you to use the search button in the menu and then type disney.
I did not search all of them but selected this one as a good strart for you to read :

http://www.teddy-talk.com/viewtopic.php?id=4466

Beary hugs,
sophie.

Jaina Emo Bears
Dudley, West Mids
Posts: 862

I would have thought maybe it was worth seeing if the Bear factory had made any 'official' licenced bear outfits for HSM (and use those)  - My understanding is if the licence has been paid for, you would be ok. If you made it yourself for resale though, I would have thought that would be a problem.

You could just make a cheer leader without the wildcats logo - that way people would recognise what it is, but it wouldn't be a violation. If you just name it cheerleader and not mention the wildcats thing too.

mingrul Our Blue Iguana
Posts: 233

Thanks guys for the comment.. It really did got me thinking... bear_grin

Sophie, thanks for the link, yes I read that way before but it slip my mind... when I open the link, it brings it all back.. I was actually going to draw the whole thing and all but I guess it's still the same issue... It's not whether you draw the pattern or not, it's the fact that you use there logo/concept/design... looks like for my own personal use than...

Jaina, Yes that is another way to do it but, it wont feel the same you know... There is just this wow factor when u see the wildcats logo...

Too bad, the same goes with the clothes.. I love some of the gowns they use on that movie bear_wub ...

Us Bears Pennsylvania
Posts: 1,479

A common word can not be trademarked.  How many high schools in the world have a wildcat as their mascott?  Would all those high schools have to change their names because Disney decided to cook up a movie about a high school?

This is the reason why you will see weird names and misspelled words on commercial products.  That's why products like "Kleenex" (tissues) and "Teem" (lemon-lime soda) are spelled the way they are.  The Kimberly-Clark corporation could not trademark "Clean" because it is a common word but they could trademark "Kleen".  Same thing goes for Pepsico.  They misspelled the word "Teem" so they could trademark it.

Had Disney used the name "WildeKats" for instance, they could trademark it.  But "Wildcats" is a common name.  I don't think they can stop you from making a Wildcat bear.

Now the trick comes when you try to make a Bear that is similar to the things that Disney makes.

If you made a Bear in and red and white costume with black trim  and a letter "E" on the front then named it "East High Wildcats" you would probably be called on it.  But who's to say you couldn't use a letter "W" instead?  What if you made the costume red and gold?

The only place I have seen an "East High Wildcat┬«" Teddy Bear is at Build-a-Bear Workshop.  I don't think Disney produced any.  Did they?
I think that would give you a lot of leeway right there.  Disney can't come after you for making a Teddy Bear.  B.A.B.W. might if you made a Bear that's too close to theirs.

How many of these Bears do you plan to make?  What do you plan to do with them?

Like the others said, if you are making just one and you plan to keep her in your own house, go ahead and make anything you want.
If you are making a one-off, you could probably slide it by.  If they try to come after you, just say, "Whoopsie!  Sorry...  I'll stop."  Then scratch your head and say, "Gee...  I didn't know you could trademark a common word like "Wildcat".    :twisted:

I believe Disney would have to send you a "Cease and Desist" letter first before they could take you to court.  If you get such a letter, just stop making that Bear.  You complied with their request.  How can they fault you on that?  The only thing they can do is say you profited from their brand or you sullied their trademark.  But, how can one or two "tastefully made" Bears harm Disney?

Go ahead and make your "Tribute Bear".  Change it up just a little.  Make it a different color.  Use a "W" instead of an "E".  Name it "WildKat" instead of "Wildcat."  Then stand back and watch all the suits at Disney┬« have little conniption fits over it!  bear_grin  bear_grin  bear_grin

mingrul Our Blue Iguana
Posts: 233

:hug:  :hug:  :hug: oh I cant help laughing by these words and what wonderful suggestion... Gee I thought Wildcats is a name they created and not some common words in those HS. I dont study in States so I was not aware but this morning, I was thinking of other words than Wild... But you know, I like yours better "wildkat".

Isnt wildcats with a W instead of an E? geez, cant believe I miss that simple detail. Too busy watching them dance and hoping to remember the dance steps bear_grin

I would believe that Build a bear got a copyright with Disney.It's in there tags because I nearly got one.I also saw alot of those uniforms being sold by Build A bear.. they even have Hannah Bears..

To answer to your question, I just plan to make 2. One for my own to keep and the other one to sell if someone wanted it.. that is really a nice one acting all innocent saying you don't know.. but it wont feel right for me. But yes, I will make my tribute bear because I love HSM in general... and change it up.to sell or not to sell...hmmm I need to think alot into it bear_tongue .thanks for brilliant ideas and making me laugh bear_grin ....  :hug:

Us Bears Pennsylvania
Posts: 1,479

hsm.jpgRight here in this town, there are two schools called "Wildcats."  There are the Northwestern Wildcats and the Walnut Creek Wildcats.
Do a Google search on "Wildcats high school" and you get:

http://www.google.com/search?q=wildcats+high+school

The Sunnyside Wildcats.
The Tullahoma Wildcats.
High School Musical comes in third.

There are at least a dozen schools named "Wildcat" in that search but HS Musical appears only a few times.

Remember, Disney's "Wildcats" are officially known as the "East High Wildcats".  Thus, the letter "E" on their costumes.
You'd think it would be the norm to use a "W" but they didn't.  I think if you used a "W" instead of an "E" that would put you in the clear right there.
Name your Bears "WildKats" if it suits you but who's to say?

Take a look at their costumes:  Red with white accents or black with red accents.

What if you used maroon and grey?  Or, how about maroon and gold?

Yes, BABW got a license to market HSM-3 and Hannah Montanna merchandise from Disney.  They probably have to give Uncle Walt a cut of the proceeds.

As long as you are careful to say your Bears are "INSPRED BY HSM-3" or a "TRIBUTE TO HSM-3" and you make sure to keep them different enough that people wouldn't confuse your Bears with officially sanctioned merchandise you should be okay.  But, honsetly, I think you shouldn't mention HSM at all.
Just make your Bear and let her stand on her own merits.  When people say, "Oh!  That Bear looks just like High School Musical" you simply smile and say, "Thank you!"

PS:  I can post that one picture of HSM because it is one small picture used for discussion and commentary purposes, to illustrate a point.  The "Fair Use" provision of the copyright law covers me.

Check out this YouTube video that talks about Copyright law, what can be copyrighted, what can not be copyrighted and how people can or can not use copyrighted material in their own work.

http://www.youtube.com/watch?v=CJn_jC4FNDo

mingrul Our Blue Iguana
Posts: 233

thank you for this wonderful information... I will definitely check out the YouTube and this have been all so informative to me. I thought disney thought of the word Wildcats. I never knew there are lots of wildcats... I think I will make my own Wildcat high school  bear_grin

And you right on target, mine is more of a tribute because I love them, who doesnt right? I think you have just inspired me with lots of ideas.... thanks for this... Im researching on my next to do... so just ask ahead before I prepare myself.. 

:hug:

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