{"id":12950,"date":"2023-12-17T13:59:35","date_gmt":"2023-12-17T13:59:35","guid":{"rendered":"https:\/\/shareperformanceinsight.com\/index.php\/2023\/12\/17\/using-the-grinch-in-photos-to-make-money-could-empty-your-piggy-bank-experts\/"},"modified":"2023-12-17T13:59:35","modified_gmt":"2023-12-17T13:59:35","slug":"using-the-grinch-in-photos-to-make-money-could-empty-your-piggy-bank-experts","status":"publish","type":"post","link":"https:\/\/shareperformanceinsight.com\/index.php\/2023\/12\/17\/using-the-grinch-in-photos-to-make-money-could-empty-your-piggy-bank-experts\/","title":{"rendered":"Using the Grinch in photos to make money could empty your piggy bank: experts"},"content":{"rendered":"
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From the top of the corporate mountain, Dr. Seuss Enterprises taps its fingers against a snow-covered rock like the scene in \u2018The Grinch\u2019 cartoon when the Grinch is repulsed at the bustling, happy town of Whoville.\u00a0<\/p>\n

Instead of the green meanie plotting how to stop Christmas, the real-life corporation issues cease and desist letters and can take legal action against anyone using the Grinch\u2019s image and likeness to make money.<\/p>\n

One particular clash in 2019 went viral, and as trademark lawyer John Rizvi said in a blog post, Jacob Marley\u2019s ghost returns every holiday season with warnings to photographers.<\/p>\n

\u2018Friendly reminder that doing Grinch photo sessions FOR A PROFIT is federal trademark infringement, and Dr. Seuss Int. literally hires out a team this time of year to reverse image search and sue photogs for profit,\u2019 Tennessee-based photographer Brittany Kay wrote in a Facebook warning.\u00a0<\/p>\n

\u2018Unless you got $120,000 for a license, that\u2019s not a lawsuit you will win!\u2019<\/p>\n

Which prompts the question that Rizvi, aka The Patent Professor, asked in his blog post: \u2018Has Dr. Seuss lost the plot and become the very character he lampooned, or are photographers and crafters really the ones who are trying to steal Christmas here?\u2019<\/p>\n

The Grinch is a registered trademark and covered under copyright law until Jan. 1, 2062, at the very earliest, Rizvi said.\u00a0<\/p>\n

Copyright laws are \u2018intended to protect original creations,\u2019 and trademark law \u2018prevents mark dilution and brand confusion,\u2019 according to The Patent Professor.<\/p>\n

And from a legal standpoint, the trademark and copyright holder \u2018is required to defend their intellectual property against infringement and unauthorized use,\u2019 Rizvi said.\u00a0<\/p>\n

\u2018Dr. Seuss Enterprises isn\u2019t the bad guy.\u2019<\/p>\n

\u2014 Trademark lawyer John Rizvi<\/span><\/p>\n

That means \u2018using all legal mechanisms at their disposal,\u2019 he wrote. \u2018If you don\u2019t use these protections, you could easily lose them, and the right to your IP altogther.\u2019<\/p>\n

While there\u2019s the outside appearance of Dr. Seuss Enterprises being grinchy to protect the Grinch, it\u2019s actually its obligation to crack down on unauthorized use, Rizvi said.<\/p>\n

\u2018While it\u2019s tempting for laypeople to paint them as the antagonists here, Dr. Seuss Enterprises isn\u2019t the bad guy,\u2019 the Florida-based lawyer said. \u2018Nor, for that matter, is Dr. Seuss himself, who died in 1991.\u2019<\/p>\n

This controversy boiled over in 2019, when Arkansas photographer Kim Durham snapped pictures of a teenager dressed as the Grinch surrounded by children as they recreated the night the green meanie stole Christmas.\u00a0<\/p>\n

The photos went viral, and the story was picked up by major national news outlets.\u00a0<\/p>\n

Durham\u2019s Christmas present from Dr. Seuss Enterprises was a cease and desist letter that demanded all the digital and physical copies of the photos be destroyed, that she refrain from posting Grinch-themed pictures in the future and that she cancel all scheduled Grinch-themed photo shoots, Rizvi said.\u00a0<\/p>\n

Durham ultimately complied, and the corporation\u2019s heart grew three sizes and settled the issue without taking money.<\/p>\n

FStoppers, a photography-based news outlet, issued a warning last week about this issue.\u00a0<\/p>\n

The Dec. 10 story included several of Rizvi\u2019s points while emphasizing how Dr. Seuss Enterprises\u2019 \u2018actively protects its intellectual property rights, especially during the holiday season.\u2019<\/p>\n

\u2018While holiday-themed photoshoots are a delightful part of the season, photographers must be cautious about using copyrighted characters like The Grinch for profit,\u2019 the FStoppers story said.\u00a0<\/p>\n

\u2018It is advisable to either obtain the necessary licenses or avoid using such themes in commercial sessions to prevent legal complications and safeguard your business.\u2019<\/p>\n

Fox News Digital reached out to Dr. Seuss Enterprises with questions, but it didn\u2019t immediately respond.\u00a0<\/p>\n

Rizvi summed up the easiest \u2018workaround\u2019: \u2018Just get the license!\u2019<\/p>\n<\/div>\n

This post appeared first on FOX NEWS<\/div>","protected":false},"excerpt":{"rendered":"

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