Questions and Answers-Copyright Column
2017; Yale University Press; Volume: 29; Issue: 1 Linguagem: Inglês
10.7771/2380-176x.7725
ISSN2380-176X
Autores ResumoIn 1930, Bela Lugosi signed on with Universal Pictures Company to play the title role in Dracula.Hope Linninger Lugosi and Bela George Lugosi, widow and son of the iconic vampire sued Universal in 1966 alleging they were appropriating property which they had inherited.Universal was licensing out the rights to the Dracula character without family consent.And boy did they exploit it.Plastic toy pencil sharpeners, plastic model figures, T-shirts and sweat shirts, card games, soap and detergent products, picture puzzles, candy dispensers, masks, kites, belts and belt buckles, and beverage stirring rods.They actually identified the date of the movie and actor's name.As if anyone could fail to recognize the immortal Bela, Sr.The trial court found it was clearly Bela's likeness despite Christopher Lee, Lon Chaney and John Carradine having also also played the role.Lugosi never tried to exploit his image as Dracula.Had he done so in a business or whatever he would have impressed the business with a secondary meaning protectable under the law of unfair competition.Johnston v. 20th
Referência(s)