Attention lawyers:Legal question regarding Disney property

[UrsulasDaBomb]

Ok...I have a question and please excuse me if it sounds ridiculous but hear me out.I know(as we all do)how fiercly Disney protects its property,anything licensed or owned by Disney.This includes all Disney movies.
Here's the problem.
I work for Godiva Chocolatier,which is owned in turn by Campbell Soups.I go into work yesterday and on the back of the door to the stockroom is a flyer announcing the monthly company-wide contest for the fiscal month of October.It has to do with average sales,etc but the real kicker is that the flyer features a scene from Tim Burton's "The Nightmare Before Christmas",which is owned by Disney.The wording on the flyer even uses the phrase "the pumpkin king" which is also used in that movie to refer to a specific character(Jack Skellington).
I know it's possible that Campbell is using the name and picture legally but what if they are not?How would I go about finding out if they are using the images illegally?What would I do if they were?I am not a lawyer and legality isn't something I'm good at really determining.That's why I'm putting the question to the DIS lawyers out there because I am not sure.
Thanking you in advance.

Gail(UDB)

 

[Bumbles]

I say start a frivolous lawsuit!

 

[LisaTx]

Are you thinking of turning your employer in? Do you want to keep your job? I'm no lawyer, but if it were me I wouldn't do anything.

I'm sure a company as big as Godiva or Campbell's has a legal staff that gets paid to handle this type of thing. I think I'd let them worry about it.

 

[caitycaity]

personally, i would let the higher ups (much higher ups, like on the campbell corporate level) worry about it. this is an internal flier, right (i.e. not for public ocnsumption)?

chances are disney will never find out about, and if they do, it won't be your problem, it will be your company's legal department's problem. save yourself the trouble. you don't want to be seen as a troublemaker at work.

 

[LisaTx]

LOL, Caity.

 

[Kelsie]

I am not trying to start anything here but why does this matter? I am sure your company is just trying to promote the contest internally and thought this would be fun. Most of us use Disney owned items everyday without permission. Just look at the clipart

 

[ratsrule]

Cheese and rice, it was a flyer

 

[Miss Jasmine]

Internal flyer... it would be like Disney coming in your home and paiting over a mickey you painted on the wall...not for public consumption...no one is making any money...basically hookairs. Of course I am sure there is a lawyer out there who may weigh in differently


DISCLAIMER ***THIS IS NOT GIVEN AS LEGAL ADVICE, ANY APPEARANCE TO A LAWYER EITHER LIVING OR DEAD IS UNINTENTIONAL AS I STILL HAVE MY BRAIN FULLY INTACT***

 

[jx3smom]

I'm with Kelsie. Why does it even bother you? I really would not turn my employer in over something that does no harm.

 

[becka]

Are you trying to cause unnecessary trouble for your employer? You must really not like your job. Why does it even matter to you?

Major corporations are very sensitive to this kind of thing. They know what is legal for them to use and what is not. That is why they hire lots of corporate lawyers. I really don't think it is something that anyone other that those at the top of the corporate ladder should worry about.

 

[Jenzebelle]

It's just an internal flyer. It's not like they are marketing a product using a Disney licensed product.
Whistling blowing on that is akin to blowing the whistle on me or someone else for having an unauthorized tattoo of a Disney character

not to mention that other companies do sell Nightmare Before Christmas items. Hot Topic, Suncoast, and various toy companies are just an example.

 

[TheLionKing]

This kind of reminds me of some faxes from other offices that have Disney characters on it.

Now, Disney may have released some images into the public domain but as long as the person or company is not using the image to make money or innappropriately (and that may even be a stretch as some character art has been altered and is available on the internet at other less family oriented sites), I don't think there is really a big issue.

Now, what about people who create art of Disney characters and then sell them on eBay?

That may be an actionable cause if someone were to bring it to Disney's attention. Disney does not want other people to make cheap knock offs of their characters or money.

 

[JAP]

I believe the concensous is not to start trouble where there is none.

 

[UrsulasDaBomb]

Ok ok...I'm sorry I asked!Sheez! Remind me NEVER EVER EVER EVER EVER to ask ANOTHER STINKY question again!

Gail(UDB)

 

[Briar Rose 7457]

legal answer, Gail. I'm sure the higher ups at Campbell's and Disney entered into a licensing agreement. that would be a matter of private contract. they don't have to share that information with you. in fact, that information may be priviledged and proprietary.

not too long ago a CM got in big trouble with WDW for things he said on this board. I'm sure everyone has your best interest at heart when they tell you not to make trouble with this. what if there isn't a licnesing agreement, and you've just created an "incident" between your employer and Disney? or what if there is an agreement, but a higher up at godvia or Campbell's isn't happy about you sharing "proprietary" information to thousands of people who read the boards?

 

[Briar Rose 7457]

legal answer, Gail. I'm sure the higher ups at Campbell's and Disney entered into a licensing agreement. that would be a matter of private contract. they don't have to share that information with you. in fact, that information may be priviledged and proprietary.

not too long ago a CM got in big trouble with WDW for things he said on this board. I'm sure everyone has your best interest at heart when they tell you not to make trouble with this. what if there isn't a licnesing agreement, and you've just created an "incident" between your employer and Disney? or what if there is an agreement, but a higher up at godvia or Campbell's isn't happy about you sharing "proprietary" information to thousands of people who read the boards?

 

[aahmom1]

Ok ok...I'm sorry I asked!Sheez! Remind me NEVER EVER EVER EVER EVER to ask ANOTHER STINKY question again!

K

 

[Jenzebelle]

You asked a question. We gave you answers. No need to be snippy because you didn't like the answers

 

[caitycaity]

udb, i think everyone on this thread had your best interests at heart. i wouldn't want you to lose your job.

 

[UrsulasDaBomb]

I apologize for getting snippy with everybody.It's just that I was curious and before I went ahead and did something stupid(like actually try to find out)I thought I'd ask youse guys.
I'm sorry I asked.
I've not mentioned what I think about this to anyone at work,since I saw the flyer for the first time yesterday but it did make me think.To make SURE the flyer was using a picture from NMBC,I made a copy and brought it home.Last night..I popped NMBC into the vcr and checked it against the scene in question.Yup..it's from that movie.
Remind me never to ask anybody anything else again..esp if I get the response like I"ve gotten here with everybody so quick to hush me up.I guess it's true..women should be seen yet not heard so I'll shut up now.

Gail(UDB)