Dressing Like Mickey Is Cool, But What About Trademark Issues?

The WSJ ran a heartwarming story this morning, which we’re sure was well-intentioned. Unfortunately, it may get some people in very hot water.

The article, Behind the Mickey Masks, details how undocumented immigrants in New York City dress up like characters owned by Disney, Toy Story, and Sesame Street in order to make a living. Along with outlining where these characters can be found in the city, the article mentions that these undocumented immigrants either “rent” the costumes or buy them from a seller in Mexico. In what we’re sure was a well-intentioned maneuver, the article highlights only one legal issue faced by these “impersonators.”

According to the city, people dressed as characters do not need a license because they are engaging in First Amendment activities. But if they are soliciting money they are subject to restricted locations.

Unfortunately, the WSJ article may have done more harm than good. What the article did not mention, but certainly made quite explicit, was that these costumes are not licensed from Disney, Pixar, and Sesame Street. Yes, these costumes are probably still protected by copyright and trademark law. The article mentions that the impersonators make $1,500 on any given month, and double that during holiday season, which we’re sure will get quite a bit of attention from trademark enforcers and copyright owners.

Tags: cartoon characters, knock offs, licensing agreements, Trademark