Fishman Stewart PLLC | 800 Tower Drive | Suite 610 | Troy, MI 48098 | USA +1 248.594.0600

Intellectual Property Insights from Fishman Stewart PLLC
Newsletter – Volume 22, Issue 12

Share on Social

The Death of Winnie-the-Pooh (As We Knew Him)

By Michelle L. Visser

On January 1, 2022 – known in the copyright world as “Public Domain Day” – many works created in 1926 entered the public domain as we discussed in a previous Fish Tank newsletter. U.S. copyright laws provide authors exclusive rights to their creative works for a limited time, after which the works fall into the public domain. Once a work enters the public domain, anyone is free to copy, publish, distribute, adapt and otherwise use the work without infringing the rights of the former copyright owner. Among the most exciting works to enter the public domain this year is the original Winnie-the-Pooh book and character. Many artists are taking full advantage of this development and creating new interpretations of the beloved character.

Winnie-the-Pooh began life in 1924 as Edward Bear in the 1924 story When We Were Very Young. He was the brainchild of author A. A. Milne and brought to life by illustrator E. H. Shepard. Milne developed Winnie-the-Pooh’s identity and story in his 1926 book Winnie-the-Pooh. The copyrights in those 1926 and prior works have expired, and the stories and characters in them have fallen into the public domain. However, the copyrights in the post-1926 works, including those developed by Disney, will remain under copyright protection for a few more years.  Disney licensed film and other rights from Milne’s estate in the 1960s and expanded the Winnie-the-Pooh world in movies, books, games, and merchandise. Disney first released its adaptation of Winnie-the-Pooh in 1966, and that version of Pooh will remain under copyright protection for several more decades.

Since Milne’s original Winnie-the-Pooh story and its original characters fell into the public domain six months ago, many have taken full advantage of the ability to create new works, publish, distribute, and otherwise use those works without the need to first obtain a license or permission from the once copyright owner. Pooh has already appeared in a Mint Mobile commercial featuring actor Ryan Reynolds.

Winnie-the-Pooh and Piglet are also set to star in an upcoming live action horror film titled Winnie the Pooh: Blood and Honey. The film’s writers have reimagined Pooh and Piglet in a world where Christopher Robin has grown up and gone to college, leaving them to fend for themselves. A starving Pooh and Piglet have reverted to their natural states, hunting prey to survive. Poor Eeyore! A reunion with Christopher Robin leads to rage and a murderous rampage.

Navigating the right to use Milne’s characters without infringing existing intellectual property rights will undoubtedly be challenging. The copyright to A.A. Milne’s original story and characters are in the public domain, however, the characters and stories introduced after 1926 are not. Tigger was introduced in the 1928 book The House at Pooh Corner, and he still remains under copyright protection.

This patchwork of public domain material and copyrights creates a minefield for anyone trying to create a coherent storyline while not infringing a third party’s rights. The filmmakers of Winnie the Pooh: Blood and Honey acknowledged this challenge in a recent interview with Variety. In Winnie the Pooh: Blood and Honey, Pooh wears red lumberjack clothing; a likely homage to the red t-shirt Pooh first wore in a 1932 Parker Brothers board game, and included in Disney’s interpretation of the character.

To complicate matters further, Disney holds trademark registrations for WINNIE THE POOH for movies, books, video games and a wide variety of Pooh-themed merchandise. The title of a single creative work, such as a movie, may not infringe another’s trademark rights. However, using Winnie-the-Pooh for a series of movies, or other creative works, and selling merchandise associated with the works may create conflict.

Some view the appearance of Winnie-the-Pooh in a slasher film in horror. Some look forward to the new creativity that Pooh will generate for decades to come. We will get our popcorn ready while we wait and see if Disney, or any other rights holders, bring legal challenges.

Published June 10, 2022

 Partner Barbara Mandell featured by Insider

Kendall Jenner’s tequila brand, 818 Tequila, is facing allegations of trademark infringement and other intellectual property violations. Fishman Stewart partner, Barbara Mandell, spoke with Insider about the conflict. Barbara suggests that the party bringing the lawsuit, Tequila 512, likely has priority of use over Jenner’s company. Tequila 512 dates back to 2008 while Jenner’s brand, 818 Tequila, was only introduced in 2019. As Barbara notes, however, date-of-first use is but one of several factors to consider when determining the likelihood that consumers would confuse the products in question; one of the core issues of the case. Read the full Insider article HERE.
 

Related Content from Fishman Stewart

<a class="eael-grid-post-link" href="https://fishstewip.com/trump-never-surrender-sneakers-could-they-surrender-to-louboutin-red-bottomsfish-tank-newsletter-volume-24-issue-7/" title="Trump “Never Surrender” Sneakers: Could They Surrender To Louboutin Red Bottoms?

Fish Tank: Newsletter Volume 24, Issue 7
">Trump “Never Surrender” Sneakers: Could They Surrender To Louboutin Red Bottoms?
Fish Tank: Newsletter Volume 24, Issue 7

President Donald Trump recently began promoting a brand-new pair of limited edition sneakers for sale bearing a T logo, American flag design, gold upper, and red sole bottom. Surprisingly, the Never Surrender High-Tops bear a striking resemblance to these high-end fashion sneakers manufactured and sold by famous footwear designer Christian Louboutin.    

Read More

<a class="eael-grid-post-link" href="https://fishstewip.com/taylor-swift-deepfakes-make-bad-blood-with-fans-fishbits-mini-article-volume-24-issue-4/" title="Taylor Swift Deepfakes Make Bad Blood with Fans 

FishBits: Mini Article Volume 24, Issue 4
">Taylor Swift Deepfakes Make Bad Blood with Fans 
FishBits: Mini Article Volume 24, Issue 4

The issue of deepfakes has been making headlines as the US enters another presidential election cycle, due largely to concerns over the potentially deleterious effects of misinformation on voters. 

Read More

<a class="eael-grid-post-link" href="https://fishstewip.com/pokemon-vs-palworld-the-poke-ball-is-in-nintendos-courtfish-tank-newsletter-volume-24-issue-5/" title="Pokémon vs. Palworld – The Poké Ball is in Nintendo’s Court

Fish Tank: Newsletter Volume 24, Issue 5
">Pokémon vs. Palworld – The Poké Ball is in Nintendo’s Court
Fish Tank: Newsletter Volume 24, Issue 5

“Palworld”— a computer game created and published by Japanese developer Pocket Pair. Released as an early access game in January 2024, it sold over seven million copies on the computer platform Steam in the first five days and had nearly 20 million players in the first two weeks.

Read More

<a class="eael-grid-post-link" href="https://fishstewip.com/intellectual-propertys-role-in-shaping-the-super-bowl-experiencefish-tank-newsletter-volume-24-issue-4/" title="Intellectual Property’s Role in Shaping the Super Bowl Experience

Fish Tank: Newsletter Volume 24, Issue 4
">Intellectual Property’s Role in Shaping the Super Bowl Experience
Fish Tank: Newsletter Volume 24, Issue 4

This year’s Super Bowl featured a thrilling overtime victory for the Kansas City Chiefs over the San Francisco 49ers. With estimates as high as 123 million viewers, America's premier sporting event also serves as a grand stage for creativity and intellectual property protections that enhance the game’s success.

Read More

<a class="eael-grid-post-link" href="https://fishstewip.com/if-you-like-then-you-shoulda-put-a-c-on-it-fishbits-mini-article-volume-24-issue-3/" title="If You Like It Then You Shoulda Put a © on It. 

FishBits: Mini Article Volume 24, Issue 3
">If You Like It Then You Shoulda Put a © on It. 
FishBits: Mini Article Volume 24, Issue 3

Valentine’s Day is just around the corner and jewelry sales are usually around $6 billion USD in the United States alone. In 2021, the US Customs and Border Protection agency seized over $1 billion USD worth of counterfeit pieces of jewelry.

Read More

<a class="eael-grid-post-link" href="https://fishstewip.com/detroit-lions-in-copyright-dispute-over-barry-sanders-statuefish-tank-newsletter-volume-24-issue-3/" title="Detroit Lions In Copyright Dispute Over Barry Sanders Statue

Fish Tank: Newsletter Volume 24, Issue 3
">Detroit Lions In Copyright Dispute Over Barry Sanders Statue
Fish Tank: Newsletter Volume 24, Issue 3

This season marked many ‘firsts’ for the Lions including unveiling the first statue at Ford Field immortalizing a former Lion: Barry Sanders. However, some may not consider the Sanders statue a clear ‘win’ for the Detroit Lions franchise.

Read More

<a class="eael-grid-post-link" href="https://fishstewip.com/who-can-read-my-manuscript-fishbits-mini-article-volume-24-issue-2/" title="Who Can Read My Manuscript? 

FishBits: Mini Article Volume 24, Issue 2
">Who Can Read My Manuscript? 
FishBits: Mini Article Volume 24, Issue 2

A few years ago, the Copyright Office received a large number of requests from Twilight fans who wanted to get a peek at the registered and unpublished manuscript of Stephanie Meyer’s Forever Dawn.

Read More

<a class="eael-grid-post-link" href="https://fishstewip.com/a-deep-dive-into-submarine-trademark-filingsfish-tank-newsletter-volume-24-issue-2/" title="A Deep Dive Into Submarine Trademark Filings

Fish Tank: Newsletter Volume 24, Issue 2
">A Deep Dive Into Submarine Trademark Filings
Fish Tank: Newsletter Volume 24, Issue 2

One common “leak” in the secrecy of a startup happens upon filing for a new trademark application for the trademark intended to be used for the confidential venture. Trademark snoops scour new trademark application filings for market intelligence

Read More

<a class="eael-grid-post-link" href="https://fishstewip.com/the-fellowship-of-fandom-fishbits-mini-article-volume-24-issue-1/" title="The Fellowship of Fandom 

FishBits: Mini Article Volume 24, Issue 1
">The Fellowship of Fandom 
FishBits: Mini Article Volume 24, Issue 1

Demetrious Polychron was a big fan of The Lord of the Rings books by author J.R.R. Tolkien, which described the world of Middle Earth where Hobbits, Elves, Dwarves, Wizards, and other creatures engage in an epic battle of good and evil involving a ring with magical powers.

Read More

<a class="eael-grid-post-link" href="https://fishstewip.com/tom-brady-michigans-greatest-qb-backupfish-tank-newsletter-volume-24-issue-1/" title="Tom Brady: Michigan’s Greatest QB Backup?

Fish Tank: Newsletter Volume 24, Issue 1
">Tom Brady: Michigan’s Greatest QB Backup?
Fish Tank: Newsletter Volume 24, Issue 1

Twenty-six years ago, the Michigan Wolverines won a national championship in football. The greatest quarterback in NFL history, Tom Brady, was on that roster but didn’t start a single game, sitting behind starter Brian Griese.

Read More

IDENTIFYING, SECURING AND ADVANCING CREATIVITY®