Rights‑holders are increasingly using trademark and ancillary claims to assert control over characters and cultural icons even after underlying copyrights lapse, sending license‑style threats to creators and platforms. This tactic exploits public confusion about chain‑of‑title and the separate but limited scope of trademark law to extract rents or deter reuse.
— If trademark claims become a common method to keep works effectively exclusive after copyright expiration, the public domain and cultural reuse — including for AI training, fan works, and independent filmmaking — will be substantially narrowed.
EditorDavid
2026.01.04
100% relevant
Fleischer Studios warned Betty Boop "is actually not true" public domain and license‑holders sent legal threats asserting trademark protections despite Dizzy Dishes entering the public domain; commentary (Doctorow, Duke, LA Times) highlights the broken chain‑of‑title and trademark tactic.
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