Copyright...PLEASE HELP!

[Melonpool]

You should have a contest to rename your brand. If you did bits about it on YouTube, it might even be a boost to your viewership.

 

[Melonpool]

Maybe you could do something like:

"It has been brought to our attention that the name 'Moppetz' has a striking similarity to another well-known puppet brand. Of course, we never meant any disrespect to the owners of this brand and hope to rectify this as quickly as possible. In other news, the new characters Kormat the Frig and Mrs. Piggo will not be debuting anytime in the near future, as planned."

Then you could ask for submissions to rename the puppets. Maybe you could make up some fake ones that are intentionally similar to other properties ("Avater", "Spungbob Squirepantz"). The more you make fun of this, the funnier it might be and also avoid a lawsuit should one come along. Better to do it now when you can do it humorously and on your terms, than when the inevitable Cease and Desist letters come along and you have no say in it at all.

Good luck!

 

[Luke]

Well as much as this has been enlightening...and DISCOURAGING...the only reason I chose The Moppetz...had NOTHING to do with the word Muppets...as much as Moppetz sounds like Muppets.

My original character "Alvin" is an old classic MOPKIN puppet.

I took the first 3 letters MOP...the last 3 letters of the word Puppet....PET and added a Z. If I had to stand before a judge I would tell him just that. I wan not meaning to overstep any boundaries. I would say I am a puppeteer just wanting to make a mark on the world just like Jim Henson did.

It HAD NOTHING TO DO with the Muppets. My puppets are MUPPET-ish...yes....aren't half the puppeteers on here? I never meant to "cross" any legal grounds...I am just a puppeteer trying to do what I absolutely love to do...make people smile and laugh. I have been doing puppetry for over 20 years...underground...and now that I have stepped out of my box and into the "local eye" it has gotten even more fun and it has been a blast! People know what to expect from me. I still wanna do videos and put em on YouTube..and just be in the "club" of puppeteers on here and join in on the learning and the fun. I'm just a part of the dreamers and the visionaries wanting to do the next big thing...can't condemn me for at least trying.

Totally applaud you trying and I understand the whole Mopkins thing but you admit yourself Moppetz sounds like Muppets. Unfortunately one of the tests of trademark infringement is actually whether one name SOUNDS like the other ... so it would probably not be even worth you even attempting to fight any claim against you as it'd be game over before you started.

Now realistically it's unlikely they would do much against you if you were just an individual posting videos on youtube. Selling merchandise based on the name is not exactly legit but again, unlikely they would bother unless you were making lots of cash. So you could just choose to carry on as you are for now ... BUT ... if you have ambitions to ever do anything big with your puppets or get into broadcasting with them then i'd change the name and logo now as it's a safe bet that the moment you ever went to any kind of audition bringing out something called "The Moppetz" wouldn't exactly look good and you could never use them professionally as you can bet on that Disney lawsuit then coming.

Saying all that, i saw some of your videos on Youtube and you obviously have talent -the voices are great, the puppet manipulation shows tons of promise, and I see you are good at writing too. You need to keep it up, don't be discouraged - we need more people like you around, good luck!

 

[Knucklehead]

Hey wait a Minute I got FLAGGED ALSO?
I love your puppetry the subtle moves you get in your videos are great !
Now a days is very easy to get a copyright on your design and affordable .

If you what to go down this street let them come at you . If they serve you a cease and desist order then you really need take a minute and think about your concept. then decide the next coarse of action.

I love the passion on this forum, its so inspirational !
create content thats from your heart and you can't go wrong and you will inspire others.

 

[Frogpuppeteer]

i applaud your passions to but agreed...even i must admit the my own Freddy j Frog and Kermit the Frog look kinda similar and to the average person he is Kermit

but in a way ive embraced it and made it part of my act where Freddy flips out and rants about being confused with his famous cousin

 

[Animal31]

Maybe you could do something like:

"It has been brought to our attention that the name 'Moppetz' has a striking similarity to another well-known puppet brand. Of course, we never meant any disrespect to the owners of this brand and hope to rectify this as quickly as possible. In other news, the new characters Kormat the Frig and Mrs. Piggo will not be debuting anytime in the near future, as planned."

Then you could ask for submissions to rename the puppets. Maybe you could make up some fake ones that are intentionally similar to other properties ("Avater", "Spungbob Squirepantz"). The more you make fun of this, the funnier it might be and also avoid a lawsuit should one come along. Better to do it now when you can do it humorously and on your terms, than when the inevitable Cease and Desist letters come along and you have no say in it at all.

Good luck!

Thank you, Jin Hanson

 

[Buck-Beaver]

Copyright is a very murky legal area, there are no hard and fast rules and unfortunately it usually takes a court case to determine if something is actually copyright infringement or not. There's a number of factors that are used to determine if something is infringing or not. I am not lawyer, but I agree with the majority here that your "Moppetz" would probably be considered copyright infringement. Your Harry and Alvin shirts look just like similar shirts with Sesame Street characters and your logo is very, very similar.

Several years ago the producers of a Canadian Show called Wimzie's House were sued over their show because of allegations that the series infringed on the Muppets. I'm sorry to say that that show looked much more distinct from the Muppets than your Moppetz.

I think the main reason you have an issue is that you're selling merchandise on Cafepress. Usually copyright holders will ignore potentially infringing work as long as the creator is not trying to make money from it.

Don't be discouraged. Your passion for what you're doing is obvious, but my advice would be to do yourself a favour, go back to the drawing board and do something more original.

 

[King Rupert]

exactly, until your making money from it Disney could care less what you're doing as long as its not cutting into their bottom line or defacing their puppets or brand.

That being said Moppetz is way too close for comfort. Try something like Kinmopz or Mutkinz. Either way rock on with your creativity and dont get discouraged!

 

[spcglider]

I have no end of people asking me if The Vampire LeShoc is the Count from Sesame Street. The two bear no resemblance to each other outside of both being puppet vampires.

We are constantly faced with the inspiration and overwhelming spectre of the Jim Henson brand.

And if we wish to continue to generate puppets in fleece and foam and fur, we will forever be faced with it. Unfortunately, everything most of us do to build our puppets is based in some way off puppetbuilding technology that was pioneered by the Henson Company.

But lets be perfectly clear on a certain point... there is no such thing as copyrighting a "look". Its impossible. If it were possible, Disney would have put every other animation studio out of business for copying their animated character "look". So contrary to popular belief, there is no way for Disney or Henson to sue you for infringement of their "look".

The copyright thing has been argued to death here and elsewhere, so I'd prefer to let the rest of it slide. But rest assured that, unless a reasonable person would easily mistake your work as a copyrighted logo, character or design, you should be able to defend your own intellectual property.

Things to remember: 1) keep a paper trail. Don't throw out your design drawings. MAKE design drawings. Then keep them. Even if the puppet doesn't perfectly look like your design drawing.
2) Don't take your inspiration solely from the Muppets. Look at other puppets, other styles, other art forms. Use what you see. Find your own style of doing things on your puppets. Its nearly impossible to avoid likenesses to Muppets since most of the materials and techniques were pioneered by them. But don't let that limit you.
3) Don't make copies of the Muppet characters to use in your shows or to promote yourself. That's just asking for trouble. Sure... make a replica of Kermit for yourself. Hopefully you'll learn from it and develop your puppet-making skills. Exercise and explore puppet building by doing that. But don't put Kermit in your show and expect it to go unnoticed.

 

[Alvin]

Thanks SPC...that does make me feel better...I was ready to sell all of my puppets...LOL! (not really) but was a brick wall and was not sure what to do next. I have a niche...and hated to get away from what I know. I am not trying to copy anybody...just having fun with my craft.