'Wizard Of Oz' Disputes: Warner Bros. Launches Trademark Fights With Disney, Wine Company And More

Wizard Of Oz

First Posted: 02/13/2012 4:00 pm Updated: 02/15/2012 2:05 pm

If you were planning on calling your dog Toto, you may want to pick another name. In an assault of Oz-like proportions, Warner Bros. has launched several trademark disputes with companies who are -- as the studio claims -- looking to capitalize off the 1939 classic, "The Wizard of Oz" (you can see the full list below).

According to THR, Warner Bros. has gone after several companies who've tried to make a buck off Dorothy and friends over the last year. The one currently making headlines is the dispute with Disney and their upcoming film, "Oz: The Great and Powerful." This past October, Warner filed a trademark registration on "The Great and Powerful Oz," one week after Disney filed its own. Yet despite the United States Trademark Office suspending Warner's attempt on the grounds that Disney asked first, as THR points out, both companies could be in for a future fight.

Last year, the 8th Circuit Court of Appeals gave Warner Bros. character protection over its copyright on "The Wizard of Oz." The studio has also been filing oppositions with the USPTO's Trademark Trial & Appeal Board, for merchandising rights and other uses of the "Oz" brand.

What makes this whole dispute even more complicated is the fact that the 1899 book the film is based on is currently in the public domain, meaning anyone can use the story's characters however they see fit. (As one of the oppositions lawyer's stated, the products being used are "taken directly from the book, which ... is in the public domain and out of copyright and a very public story, not created by [Warner Bros.]")

THE "OZ" DISPUTE: COMPANIES WARNER BROS. IS FIGHTING

  • Disney over "Oz: The Great and Powerful"

  • Wicked 'Wiches Wickedly Delicious Sandwiches, a California restaurant

  • Halloween costumes under the "Wizard of Oz" brand name

  • Wine brands including, "Dorothy of Kansas and Toto Wine," "Ruby Slippers Wine," "Broomstick Wine," "The Lion's Courage," and "Flying Monkey Wine

  • "If I Only Had A Brain," a neuroscience book

But, the studio is standing tall, saying that statements against their recent activity are "akin to saying that anyone should be entitled to use famous, widely licensed marks such as 'Harry Potter' or 'Roadrunner' merely because they were able to find those marks mentioned in a book."

It may be awhile before these disputes get resolved. For Warner Bros., they're likely hoping to do it before "Oz: The Great and Powerful" hits theaters March 8, 2013.

For more on the impending "Oz" fight, head over to THR.

[via THR]

FIVE MOVIE LAWSUITS

Loading Slideshow...
  • "Coming to America"

    Writer Art Buchwald sued Paramount Pictures, claiming that they stole his idea for 'Coming to America.' Buchwald won the lawsuit.

  • "The Passion of the Christ"

    The movie's screenwriter, Benedict Fitzgerald, sued Mel Gibson over not paying him enough money for the film. They settled out of court.

  • "Borat"

    Another movie that spawned a ton of legal trouble: writer/star Sacha Baron Cohen was sued for defamation as well as using footage of people without their permission.

  • "The Hangover, Part II"

    What hasn't 'The Hangover, Part II' been sued for at this point? First the filmmakers were hit with a lawsuit alleging that they copied Mike Tyson's face tattoo without permission. That was dropped, but then they were sued again by a stunt man who suffered injuries on set. (That lawsuit is still pending.) A man also sued the filmmakers, claiming that they stole his life story and used it for 'Hangover, Part II.' Yeesh.

  • "Natural Born Killers"

    The family of a Louisiana store clerk, who was shot by a young couple on a crime spree, sued Oliver Stone, claiming this movie inspired the crimes. <a href="http://news.bbc.co.uk/2/hi/entertainment/1217642.stm" target="_hplink">The lawsuit was eventually dropped</a>.

FOLLOW MOVIEFONE

'FONE FINDS
If you were planning on calling your dog Toto, you may want to pick another name. In an assault of Oz-like proportions, Warner Bros. has launched several trademark disputes with companies who are -- a...
If you were planning on calling your dog Toto, you may want to pick another name. In an assault of Oz-like proportions, Warner Bros. has launched several trademark disputes with companies who are -- a...
Filed by Alex Suskind  | 
 
 
  • Comments
  • 281
  • Pending Comments
  • 0
  • View FAQ
Post Comment Preview Comment
To reply to a Comment: Click "Reply" at the bottom of the comment; after being approved your comment will appear directly underneath the comment you replied to.
View All
Favorites
Recency  | 
Popularity
Page: 1 2 3 4 5  Next ›  Last »  (11 total)
HUFFPOST SUPER USER
dws51564
History doesn't repeat itself ignorance does
07:14 PM on 02/18/2012
So basically they are all fighting over something that none of them own the rights to. How American can you get.
06:25 PM on 02/18/2012
Thw Wizard of Oz", the ultimate chick flick: Two women killing each other over a pair of shoes....
06:25 PM on 02/18/2012
LOL, wow the economy must really be taking a toll on the movie industry if they have to resort to this....
05:47 PM on 02/18/2012
In trying to get people to pronounce my name right, I say that my name is Dorothy like Dorothy in the Wizard of Oz. Many call me Door thy and I can't stand that. As old as the Wizard of Oz is, you would think that everyone could say Dorothy correctly.
04:05 PM on 02/18/2012
Similarly, Smucker's allegedly had a lawsuit with family owned restaurants that served peanut butter and jelly sandwiches, because Smuckers had trademarked the PBJ sandwich when they started peddling their frozen, crustless PBJ sandwich. Likewise, Manzanto sued a number of small farmers whose soybean crops had been cross-pollinated (via the wind) with their patented seed. Having been published in 1899, The Wizard of Oz is public domain. Corporations like Warner Bros are grabbing for control of everything.
04:00 PM on 02/18/2012
So why aren't they fighting the Broadway play supposedly before the wizard of oz, Wicked? The restaurant named the sandwiches Wicked....
HUFFPOST SUPER USER
Kevin Desmond
03:43 PM on 02/18/2012
Something funny about Warner Brothers which I forgot about ... there was a Wizard Of Oz movie made sometime in the mid to late 1920s which would make the one from 1939 a remake aka COPY !!!
HUFFPOST SUPER USER
Kevin Desmond
03:39 PM on 02/18/2012
Warner Brothers better watch out before somebody drops a house on them too, and last time I checked wasn't it Frank Barnum who wrote The Wizard Of Oz ??
HUFFPOST SUPER USER
BIGBADWOOF
04:00 PM on 02/18/2012
L. Frank Baum wrote the Oz stories. And he HATED Wall Street!
HUFFPOST SUPER USER
Kevin Desmond
04:47 PM on 02/18/2012
Thanks BIGBADWOOF .... I wasn't sure if I had the spelling of his name right.
03:37 PM on 02/18/2012
if they are going after "IF I ONLY HAD A BRAIN" congress is in BIG trouble
03:33 PM on 02/18/2012
Yea, 'cause pretty soon, you won't be able to use any words, as they will all be claimed by someone, and we will be like the caveman again, grunting as a form of language. Crazy!
photo
HUFFPOST SUPER USER
TOOMUCHTlME
We could sure use a man like Huey P. Long today.
03:33 PM on 02/18/2012
Welcome to the free market. That's why they call it Capitalism. Profit over all else. This is America where we all bow and worship the almighty Dollar.
This comment has been removed due to violations of our [Guidelines]
03:31 PM on 02/18/2012
This is going to be a legal nightmare if the courts allow Warner to prevail. Other studios will be coming forward with claims on other public domain books because they made a movie about it.
I am ok with the studio claiming rights to images, songs and any bells and whistles they added, but anyone should be able to use names and expressions that refer back to a public domain book. To take this to the ultimate silliness, imagine Paramount demanding payment every time the Ten Commandments are cited based on the fact they made a movie by that name.
03:21 PM on 02/18/2012
I, for one, have no love for the Disney Co. If they come out on the short end...GREAT. I remember what they did to all the kindergarten classes, daycare centers & all the other public places that had Disney characters painted on their walls. Just for the kiddies. No advertising or promotional sales pitch. Disney Co. sued, have them painted over or pay them for the use of. Now that's greed.
photo
HUFFPOST BLOGGER
messy
artist, writer, adventurer
06:05 PM on 02/18/2012
What's funny about that incident, is that Warners' sent artists, at their own expense, to paint Bugs and Daffy in the aforsaid Kindergardens and Daycare centers.
06:42 PM on 02/18/2012
OK. And at the time I believe Walt was still alive and active. He didn't complain. In fact he may have enjoyed it. His forte was entertaining with fantasy, children of all ages. But then the Corporation took over. He's probably still spinning in his grave.
03:12 PM on 02/18/2012
WB's position is understandable up to a point. While the book is in the public domain and therefore pretty much fair game, it's probably a safe bet that the movie did not follow the book exactly. Consequently the character names and wonderfully bad puns (Wicked 'Wiches? Fabulous!) would probably be passable - WB didn't create the characters, after all - but using 'If I Only Had A Brain' (song title direct from the film) is just asking to get sued. Would think the Halloween costumes would be less of a grey area since they would presumably look like the film characters...