Thursday, June 07, 2018

Is Gabibbo a knock-off of "Big Red" of Western Kentucky University?

See the post
Italian court affirms merits of plagiarism suit filed by creator of Western Kentucky's Big Red

Gabibbo is a symbol of a satirical news show Mediaset airs in Italy. Big Red is a red, furry blob created by WKU student Ralph Carey in 1979 [the school sports teams are named Hilltoppers.] For a likeness of Big Red, see SBNation: https://www.sbnation.com/2017/6/30/15900920/big-red-western-kentucky-mascot-what

As to trademark issues, an animal likeness can be claimed in different use areas (e.g. Tony the Tiger for cereals vs. the Exxon tiger). Can one copy a non-real animal likeness? Must the copying be exact?

As to copyright issues, how exact must the copying be of an otherwise not-preexisting "creature"?



UPDATE

See also

http://www.likelihoodofconfusion.com/growing-tresses-ip-claims-fictional-characters/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+likelihoodofconfusion%2FpCvr+%28LIKELIHOOD+OF+CONFUSION%C2%AE%29

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