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Alice in Wonderland - Public Domain? Trademarked?

 
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PerfumeGirl

posts: 1

Feb 28, 2008 10:29 PM ET    Quote  Report Abuse
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Hello all
 
This is my first post. I love this site and the podcast is one of my favorites! My name is Greta, I live in Dallas and I`m starting up my own fragrance company (I will be making the fragrances from scratch). I would like my first collection of fragrances to be based on "Alice in Wonderland".
 
I would LOVE some help with finding out whether or not "Alice in Wonderland" is public domain. The second half of "Alice in Wonderland" - "Through the Looking Glass", was first published in 1872. The author Lewis Carroll, passed away in 1898.
 
I`ve researched public domain and trademarking, but I`m still not sure. I also searched trademarks on the uspto.gov site, and about 10-15 trademarks for "Alice in Wonderland" showed up. That wasn`t much help, as I couldn`t decipher what I found there.
 
I believe Disney is currently trying to get the trademark for Alice.  Any light on the situation or pointing me in the right direction would be greatly appreciated!
 
Thank you! =D
 
 
CraigL

posts: 9051

Mar 01, 2008 1:00 AM ET    Quote  Report Abuse
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I suspect you`d be looking at copyrighting rather than trademarked. To that end, whomever owns the copyright to the Alice in Wonderland story would probably have to license it to you, if they so chose. But, I`m not an attorney. A better idea than only surfing the Web on this specific question would be to find an intellectual properties attorney and spend the consulting fee to find out specifically. :-)
PeterCPA

posts: 28

Mar 01, 2008 6:32 AM ET    Quote  Report Abuse
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You MUST get legal advice on this for a few reasons:
  1. To protect your business
  2. To prevent being sued
  3. You might be pleasantly surprised in that you may be able to use the words but not the images
Peter

TigerTaco

posts: 337

Mar 01, 2008 1:20 PM ET    Quote  Report Abuse
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I think it`s a cool idea and would add a lot of texture to the stories we read; I`ve always wondered what a little Alice would smell like (lol) ... I just check a pop-up version we have and it references "in the style of" and "faithful to" the original, but doesn`t go beyond that for rights acknowledgement (do invest in a little legal before you get too deep down the rabbit hole!~)  Here is a nice summary of Public Domain Works and Wiki is always great too; imho you and the public are all equally able to use anything from this (and Wizard of Oz? and) but like Peter said you need to see about protecting your business idea too (Disney/you can trademark just about anything, but it`s going to be based on artwork and not the exclusive right to the words).

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Chris Miller, a simple taco maker:
The Tiger Taco home in the U.S.A.
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