Together, copyright and trademark law protect the intellectual property of a companysometimes providing alternative means of protecting the same asset. For example, Disney owns copyrights for various Mickey Mouse images and related works, as well as trademarks for the Mickey Mouse name and design marks featuring images of the character. Because the copyright grant is of limited duration, while the duration of a trademark is potentially unlimited, some suggestand hopethat trademark law can be used to protect famous characters even after their copyright protection expires. The recent decision in Fleischer Studios v. A.V.E.L.A., 2012 WL 7179374 (C.D. Cal. Nov. 14, 2012), involving the cartoon character Betty Boop, casts some doubt as to the potential success of that strategy, at least in certain circumstances.
In the 1930s, Max Fleischer, head of the original Fleischer Studios, developed animated films and licensed merchandise featuring Betty Boop. Fleischer later sold his rights in the films and the character. In the 1970s, Fleischer’s heirs attempted to repurchase the intellectual property rights in Betty Boop, which had changed hands numerous times during the intervening years. In 2006, through a revived Fleischer Studios, Fleischer’s heirs filed an action for copyright and trademark infringement against various defendants who license merchandise featuring elements from vintage Betty Boop movie postersincluding Betty Boop images and the words "Betty Boop"that defendants argued had fallen into the public domain and were restored by defendants.
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