Wk3 DQ1

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Grand Canyon University *

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825

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Law

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Apr 3, 2024

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docx

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1

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An animated film company develops a fictional children's character named Squish Fish that travels the ocean and saves surfers from shark attacks. The company creates and sells a series of comic books detailing the many adventures of Squish Fish as well as a movie and various products using the name and image of Squish Fish. Identify the intellectual property items possibly created by the company that are potential candidates for trademarks and copyright protection. Can the company seek federal trademark or copyright protection for those items? Why or why not? The animated film company has created various intellectual property items that may be candidates for trademark and copyright protection. The name and logo of the character "Squish Fish" can be considered for trademark protection. Trademarks protect brand identifiers, ensuring that consumers can identify and distinguish products or services associated with the brand (Miller, 2021). If the company uses specific names for its comic books, movies, or products related to Squish Fish, those names can also be considered for trademark protection. The visual design of Squish Fish on merchandise, packaging, and other products can be candidates for trademark protection (Biagioli et al., 2019). The artistic elements, illustrations, and storyline within the comic books are eligible for copyright protection. This includes the specific expressions of the Squish Fish character and its adventures. The script for the movie, as well as the animated elements and visual sequences, are eligible for copyright protection (Miller, 2021). This extends to the specific way Squish Fish is portrayed in the film. Squish Fish, any original characters or settings introduced in the series can be considered for copyright protection (Biagioli et al., 2019). The company can seek federal trademark protection for the name, logo, and other brand identifiers associated with Squish Fish. This protection helps prevent others from using similar marks in a way that might cause confusion among consumers (Heath & Mace, 2020). The company can also seek federal copyright protection for the original creative content, including comic books, movie scripts, animation, and other expressive elements. Copyright protects against unauthorized copying or reproduction of the creative work. In both cases, seeking federal protection enhances the company's rights and provides a stronger legal foundation for enforcement (Heath & Mace, 2020). Federal registration of trademarks and copyrights offers certain legal benefits, such as the ability to sue for statutory damages and attorney's fees in case of infringement. References: Biagioli, M., Jaszi, P., & Woodmansee, M. (Eds.). (2019).  Making and unmaking intellectual property: creative production in legal and cultural perspective . University of Chicago Press. Heath, D., & Mace, C. (2020). The strategic effects of trademark protection.  The Review of Financial Studies ,  33 (4), 1848-1877. Miller, R. L. (2021).  Business law today: Comprehensive edition  (13th ed.). Boston, MA: Cengage. ISBN-13: 9780357634691 REFERENCE FOR THIS CLASS: KEEP IN CASE YOU NEED TO USE IT Miller, R. L. (2021).  Business law today: Comprehensive edition  (13th ed.). Boston, MA: Cengage. ISBN-13: 9780357634691
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