Posted on 03/06/2018 11:51:09 AM PST by nickcarraway
So; there is a statute of limitations here?
Kinda. I'm not 100% up on trademark law because it's not something that really interests me beyond the immortal nature they can take on. From what I understand it is about "reasonableness", and similar concepts which are moderately fuzzy. If you know someone is infringing on your work, you have to take 'reasonable' efforts to make them cease and desist, or work out licensing terms. I don't know how much time has to pass for any of this, but from what I recall of the history of Pepe (which really isn't that unique a character - others on the thread have pointed out examples that were very similar going back more than a century) he didn't protest other's use of 'his' character. He was certainly aware of it. He might even have encouraged it according to some.
It will be a long, messy legal battle if he wants to assert ownership and control over the character and images.
I believe the rat is both. If I'm wrong and you have some documentation of same, I'd be glad to take a look at it. Some aspects of the rat are covered under copyright for all eternity (or until Disney can't find enough politicians to bribe to extent it), and some aspects are covered under TradeMark.
That's my understanding anyway. My knowledge of trademark law is admittedly sketchy at best.
“Show me on the Kek where he fondled your Pepe”.
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