Season 2 Ep #12: A Nightmare On Independence Ave.- IP Goes Pop Halloween Spooktacular
In this spooktacular episode of IP Goes Pop! treat yourself to the intellectual property (IP) of Halloween. From the disputes surrounding the iconic Halloween mask to the similarities, and important differences, between some people’s favorite friendly ghost, Casper, and the ghost in the Ghostbusters logo, who ya gonna call but IP Goes Pop hosts, and Volpe Koenig Shareholders, Michael Snyder and Joseph Gushue?
So, grab your flashlight and your “fun” sized candy bars, as we take you through three cases in intellectual property law that might spook anyone to check their forms and contracts twice. We promise there's no tricks, only treats, on this episode!
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Timestamps & Links:
2:40 Iconic Halloween Movie Franchises
- Halloween, 1978
- Scream, 1996
- Friday the 13th, 1980
- Saw, 2004
- Freddie vs. Jason, 2003
4:06 Iconic Halloween Characters
- Characters in the public domain: Mummies, Werewolves, Frankenstein’s Monster-like
- Van Helsing
- Freddie & Jason
- Leather Face (The Texas Chainsaw Massacre, 1974)
8:27 Case 1: Michael Myers Mask
- Don Post Studios, Inc. v. Cinema Secrets, Inc., 124 F. Supp. 2d 311 (E.D. Pa. 2000)
- Mask designed by Don Post for John Carpenter’s Halloween, 1970 (mask #2)
- Mask for Star Trek
- William Shatner mold/cast/mask
- Don Post “The Mask”
- Don Post Studio Group files copyright registration in 1997
- Failed to properly identify work it was based Halloween mask on registration
- Resubmit application and fail to identify it is also based on Star Trek mask; claiming it as an original creation
- Details of decision
- Michael Myers Memes
18:05 Case 2: Friday the 13th - 2016
- Horror Inc. v. Miller, No. 18-3123 (2d Cir. 2021)
- Termination of rights pursuant to the Copyright Act
28:47 Ghostbusters Logo Case
- Harvey Cartoons v. Columbia Pictures Industries, 645 F. Supp. 1564 (S.D.N.Y. 1986)
- Trademark Claim in the case
- Casper the Friendly Ghost
- Consumer Confusion Test- visual, overall impressions
- Richie Rich, 1980
- Copyrights were not renewed by plaintiff
- Prior to 1978 copyrights had to be periodically renewed
- Details of decision
