Bloody Mary Trademarks & Copyrights

[keith hutchy]

least i was on the right tracks haha

[Shadowman88]

I still do not see how you can Copyright/Trademark something you did not create. I mean Bloody Mary has been a Urban Legend for way longer than I can remember. I understand this person did a Likeness some were with a Bloody Mary Character so they could trademark that Bloody Mary. But how could they keep anyone from using the Bloody Mary Name as long as it is not the version they created? I think if anyone were smart they could challenge this in court and win due to it being used a long time before they created their version. As Some one said earlier That You Can Use Peter Pan but not Disney's Peter pan. So i do not understand why you can't use Bloody Mary just not their Bloody Mary. I mean wouldn't the Original Creator have that right to claim the Name? (If they still lived) Or as I see in some cases like the family of Jack Kirby trying to get the rights to some of his Marvel stuff?

Edited May 2, 2010 by Shadowman88

[Michele]

There's a difference between a copyright and a trademark. A copyright would protect a variation of Bloody Mary. The documents that were linked to specifically discuss a trademark, which is solely brand related and has nothing to do with an image or likeness.

Imagine I decided to make a red ice cream and wanted to sell it under the brand Bloody Mary. I could apply for a trademark for Bloody Mary, and as long as no one else got it, the only person who could sell ice cream with the brand Bloody Mary is me. If Ben and Jerry's later wanted to make a flavor called Bloody Mary, they would risk that I could sue them for trademark infringement since I have the trademark for Bloody Mary ice cream.

It's the same thing. Bobbie Weiner trademarked the name Bloody Mary and uses it to promote her make-up and haunted attractions. So, no one else in either of those two businesses can use the name Bloody Mary without paying her first.

Not that I agree with it, but it's all legal. And I still don't think Bloody Mary being gone is necessarily a bad thing. No one liked her house, remember? (;

[Shadowman88]

There's a difference between a copyright and a trademark. A copyright would protect a variation of Bloody Mary. The documents that were linked to specifically discuss a trademark, which is solely brand related and has nothing to do with an image or likeness.

Imagine I decided to make a red ice cream and wanted to sell it under the brand Bloody Mary. I could apply for a trademark for Bloody Mary, and as long as no one else got it, the only person who could sell ice cream with the brand Bloody Mary is me. If Ben and Jerry's later wanted to make a flavor called Bloody Mary, they would risk that I could sue them for trademark infringement since I have the trademark for Bloody Mary ice cream.

It's the same thing. Bobbie Weiner trademarked the name Bloody Mary and uses it to promote her make-up and haunted attractions. So, no one else in either of those two businesses can use the name Bloody Mary without paying her first.

Not that I agree with it, but it's all legal. And I still don't think Bloody Mary being gone is necessarily a bad thing. No one liked her house, remember? (;

Yes I was one of those people. But I didn't hate her as an "Icon". But Universal did create her as "Dr. Agana" Right? Just Drop the Bloody Mary persona and use the Fore mentioned name. It is just that easy.

[HHNiP]

Thanks for doing the research and clearing that up, Michele. Nice to hear answers that aren't just assumptions and personal speculation.

[Shotguy06]

Even if the don't bring her back as an Icon this year they will most likely work her into the event some how. She had the most well thought out and extensive backstory and they worked her into the event last year in LTC. So I don't see why they wouldn't use her again. They can use her image as long as they just don't use the name Bloody Mary (i.e. having her in LTC but no one said her name). Or like Shadowman88 said just called mer Dr. or Mary Agana.

I guess I am one of the few who actually loved her story and likeness. She was scary and took something we are all familiar with, and probably scared us as a kid in the bathroom with the lights off saying her name into a mirror, and gave her a story that would make her scarier. Yes her house sucked, but that had nothing to do with her, that was the creative teams fault

[HHNFANTIC84]

i think uni will suprise us this year with the return of B.M. and will take care of all the legal rights and will be able to incorparate her into this year event i mean it still to early to say she not cause we dont know what universal is planning like every year

[Leonardo Van IcePickasso]

that sucks, was hoping Uni could use Batman villain Mad Hatter as an example to say 'hey you don't own the name' or spell it differently.

[OutKastz]

I did notice there is no image of Bloody Mary on the current site. Just the mention of her, nothing more. Considering she was the icon for the event I find it rather odd that she is missing. I'm almost certain that if they paid for the rights to the name this year that she would have at least made an appearance on the site. They are most likely pushing their luck as it is using just her name in reference to a haunted attraction. Also the lack of other paid icons on the site adds to this trademark/copyright debate. Really curious to see what happens with the Characters page. My opinion could change drastically.

I'm done on this topic but I felt that this was worthy of a post.

[HeWhoWalksBehindTheRows]

She's just mad cuz her name's Bobbie Weiner ...

[mystiquephreeq]

Because I find the process and subject highly interesting, here are two links to the current status of the Bloody Mary trademark

This one is the specimen sent to show usage of the mark.

http://tmportal.uspto.gov/external/PA_TOWUserInterface/OpenServletWindow?serialNumber=77450225&scanDate=2010071563726&DocDesc=Specimens&docType=SPE&currentPage=1&rowNum=2&rowCount=12&formattedDate=14-Jul-2010

As you can see, this shows absolutely no image of Mary, just the words Bloody Mary.

Here is a link to the response from the Trademark Office

http://tmportal.uspto.gov/external/PA_TOWUserInterface/OpenServletWindow?serialNumber=77450225&scanDate=2010080334131&DocDesc=Offc+Action+Outgoing&docType=OOA&currentPage=1&rowNum=1&rowCount=12&formattedDate=03-Aug-2010

Seems the trademark is still not registered.

[cwoolboy]

I must agree with Shadowman88...just call her Dr. Agana and they should be good to go...if Bobbie tries to start sumthin they can say that they never used the name Bloody Mary so HA!!! Bloody Mary was one of the most elaborate Icons ever created for HHN (I spent all that year followin her backstory) so it's a shame if she does not make an appearance for HHN XX. Even if she's not one of the icons they could say that she's still trapped in her mirror, waiting to be released and then in the park they could create some hidden mirrors where every few seconds you'd see her ghostly face, but you'd have to search to find them. That would be cool and may get past the whole copyright issue, I mean they can't sue Uni. if they can't find said special mirrors...right?