Scrappy Boy Stamps Disney Trademark Infringement

Copyrights are typically good for 50 years, not forever.

Everyone assumes that some companies are doing unauthorized versions. I know it can be hard to get Disney to agree to let you license their characters, etc., but with so much artwork on the internet, maybe Disney has gotten more willing to authorize use of their designs. Another possibility is that the companies are ordering from China suppliers, who may just thumb their noses at Disney. If they
 small companies get sued, they might claim that they had no idea they were buying unlicensed designs. I doubt that would hold up in court, but it might. Also, Disney lawyers are good, but the rate that bootleg stuff shows up for sale might be keeping them focused on bigger issues rather than smaller companies.

I bought some Disney themed dies at GASC, but after going home, I checked their website for the ones that were sold out, and saw that NO Disney dies are available from that store online. When I went to take the dies out of the packaging, I realized that no name brand was on them. I’m guessing they were ordered from China, and may not be Disney authorized versions. I didn’t pick up on that at the time that I bought them. I don’t intentionally buy products that illegally use Disney images, but then, I buy designs from Paper Wizard. They use designs that look very, very Disney theme park, but they don’t use Disney titles or names. They have been doing it for years, so I guess their lawyers have kept them from getting into trouble over it. Maybe that has emboldened other companies to do something similar.

With so many designs available on the internet that you can copy with your computer, some companies will fly under their radar. Disney lawyers must be super busy all the time, and they will eventually catch up to those who use their images without permission. I personally think any company that risks it is stupid.

I won’t comment on those who choose to buy bootleg versions from China. We’ve had that discussion here on the board multiple times. Some feel justified doing it. I don’t. The other day I was trying to find the cowboy gnome that Grammadee used on a card. It was super cute! The company that makes it sells it for about $25, but another $25 for the gnome base. I kind of gagged over the price, especially when I saw that a Chinese knock off was available for one fifth of the price. However, I bought the original, not the knock off. Even though it cost a lot more, I’d much rather support an American company that offers their own original, creative designs than from someone who is making it harder for that company to stay in business.

Yes, that exactly. As long as they don't specifically reference the names these sellers tend to fly under the radar and presumably hope to claim it as "fair use" if they get noticed. And most stamp sets are only offered for a limited time so a cease and desist letter just brings the retirement date up sooner, I guess. Some are more blatant than others and some people argue there is a grey area around what is fair use. We've hashed it out on the boards in regards to certain other small stamp companies. Sometimes I think they are skating on thin ice.

SPP offers some traced Disney art. Literally the exact same. Then they pretend "their designers" are inspired by Disney when customers question them (when there are no designers, just traced art + icons purchased from graphic design platforms). It's a different issue altogether.

Scrappy Boy is offering personal designs but he is using the Disney codes for the designs: same outfit (Belle's iconic yellow dress), same exact and Disney-specific characters (Mrs. Potts + Chip), etc. It really doesn't matter that Mary Poppins and Beauty and the Beast aren't Disney's original creations (book series + French fairy tale) but it's the specific styling Disney gave to these that matters here. There is definitely room for Disney to claim their rights but it's such a small fish in a very large sea. The game has changed with the rise of the internet. I doubt Disney'll come after this kind of micro indie design company with very limited runs. They aren't using the official Disney names, they aren't referencing Disney in any way (and not pretending to be authorised) so it'll be fine in the grand scheme of things. But yes, Disney has definitely a solid leg to stand on. The Disney quotes/lyrics used, the styling, the Disney-specific characters.

A lot of the people characters are probably different enough to get by, but I agree the are some pretty spot on copies of secondary characters.   The Queen of Hearts is pretty much Helena Bonham Carter too.