Intellectual Property Insights from Fishman Stewart
Mini Article – Volume 24, Issue 18
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Who Ya Gonna Call? Ghostbusters Win Infringement Lawsuit
By Kristyn Webb
Halloween is coming up at the end of this month, and we are getting into the spirit with another spooky copyright story.
Watching scary movies is a time-honored Halloween tradition, and one of the greatest movies to watch this time of year is “Ghostbusters” which premiered in 1984. One of the most recognized features of the “Ghostbusters” franchise is the iconic ghost logo. Shortly after the film’s release, Harvey Cartoons, the makers of “Casper the Friendly Ghost” sued Columbia Pictures for copyright and trademark infringement, claiming the “Ghostbusters” logo was a spectral copy of Harvey’s ghostly character “Fatso.”
“Fatso” first appeared in a series of “Casper” comic books published in the early 1950’s by Paramount Pictures. At that time, under US copyright law, registrations had to be renewed, or the copyrighted works would fall into the public domain. The law was changed in 1976, well before the lawsuit was filed, but well after “Fatso” had lapsed into the public domain. Thus, Columbia’s “Ghostbusters” logo was clear of copyright issues since any similarities were with a character no longer protected under copyright.
Harvey also claimed that Columbia’s logo was too similar to its registered trademark, which could confuse consumers. Harvey’s trademark depicted three ghost heads, while Columbia’s logo featured a single ghost with a different design. The court found there was no significant chance that moviegoers would expect to see a “Casper” cartoon when purchasing tickets to see the “Ghostbusters” film.
The court gave Columbia’s “Ghostbusters” logo a clean bill of health, ruling it didn’t infringe on Harvey’s copyright or trademark rights.
Watching ghosts battle it out in court is always entertaining!
Kristyn Webb is the Group Leader of Fishman Stewart’s Copyright Practice Group, and holds a Master’s Degree in Copyright Law from King’s College London.
Published October 18th, 2024
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