Zazzle keep removing public domain content from me

[Anette_K]

Hello

I am really confused.

I make designs from content that are in the public domain in one of my stores and this post is specifically about the original illustrations of Winnie-the-Pooh that have been in the public domain since 2022 and Alice's Adventures in Wonderland have been there even longer. I have made sure that neither titles, tags or descriptions use trademarked words. But as soon as I get sales Zazzle cancel them and keep removing my items. Why? What am I missing here? 

[idraw]

It's a trademark issue.

[Anette_K]

I am not using their trademarks though.

[chefcateringbiz]

If Disney takes something over, as they have done with WtP and Alice, the original illustrations may be public, but the characters are still under trademark by Disney. Yeah, it's complicated and, yeah, Disney is a PITA.

[J32Design]

While the artwork maybe in the public domain. The trademark of Winnie the Pooh or Alice in Wonderland are not. Therefore you cannot use it in any form on your product page or marketing.

[Anette_K]

But I am not using those trademarks. I am specifically using Winnie-the-Pooh and Alice's Adventures in Wonderland (notice the difference), they are not trademarked by Disney.

[LMGildersleeve]

So riddle me this... why are there so many Alice in Wonderland products on Zazzle which are not in the Disney store?

One of the most popular creators has all but one product on the first page of search "alice in wonderland".

Now obviously, people are using original (though purchased) graphics and not Disney movie illustrations. But Alice in Wonderland is very much alive and well in the Z MP.

[Barbara]

I have a vintage, public domain illustration of Alice in Wonderland from one of the old editions. I even have "alice in wonderland" in the tags and have sold it without a lick of trouble. Perhaps if it were an image Disney has created, trouble would have ensued.

Colorwash's Home

[J32Design]

If you use "Alice in Wonderland" in your titles you are basically infringing on a Disney trademark.  It doesn't matter if the image is in the public domain or not.

From what I understand, the only leeway you may have is when the trademark is used outside of their trademarks set parameter for goods and services. E.g. you sell a poster and their trademark is specified for toys.

But even then they could still throw in other arguments like "likelihood of confusion" etc. and while people may think WD may let some things slide, it is unlikely as they are usually on it like white on rice.

[LMGildersleeve]

Seems that Zazzle is walking that fine line? Either way, they love that designer. lol

[alissag]

I'm no legal expert, but I am a book nerd and it's worth pointing out that the original Alice book is titled Alice's Adventures in Wonderland and the Disney movie is titled Alice in Wonderland. So, perhaps this is the issue.

[RMorganSnapshot]

I even have "alice in wonderland" in the tags and have sold it without a lick of trouble.

You "used to" sell it without a lick of trouble. 😉 These threads have a tendency to bring the "delete bots" on Zazzle out of the woodwork. Hopefully that doesn't happen to you here.

[Barbara]

It's not my hottest seller, but even so, one of the cards has sold 5 times, which means it would have been caught when going to print, so I'm not concerned. Now, if some nitwit in the world out there tried to copyright the circle of fifths, I and a whole bunch of other people would be up the crick kind of like what happened with the notorious "pi."

Colorwash's Home

[Barbara]

Disney has copyrighted their OWN designs, not Lewis Carroll's literature nor the illustrations therein. They can't. Thus I can use the latter the same as I've used Mark Twain things that are out of copyright.

Colorwash's Home

[J32Design]

Copyright and Trademark are two different things. While the image is not copyrighted and in the public domain, the words "Alice in Wonderland" are currently a Trademark of Disney. Yes, you can use the image, but you cannot use the words "Alice in Wonderland" with your image.

[Barbara]

@J32Design: As I said above, I've used "Alice in Wonderland" in the tags for my vintage image from the book without consequences, which means Disney doesn't own the words. How can they when, for so many years prior to their decision to remake the tale, it's the title often used? I'd say my products (multiple ones) are proof of the pudding.

Colorwash's Home

[NHW]

Disney has trademarked 'Alice in Wonderland' (https://trademarks.justia.com/779/79/alice-in-77979036.html), so they unfortunately do own the words.

[LMGildersleeve]

Still, as I mentioned before, it's a mystery as to why do all the "alice in wonderland" products still remain in the MP.

[ColsCreations]

The work by Lewis Carroll that is public domain is actually titled "Alice's Adventures in Wonderland".  Disney's two film adaptations and amusement park ride and who knows what else are "Alice in Wonderland " and they hold 5 different wordmark registrations for that phrase.  This page summarizes the goods & services they apply to. I picked paper plates off that list and searched Z, getting 293 results. Scrolling through the five pages of results I didn't spot a single product where "Alice in Wonderland" was actually part of the design on the product being sold but it of course commonly appears in the titles, tags, and descriptions so maybe that is the fine line Z is walking. I agree with @J32Design though in thinking this is infringement so would steer clear of it myself. I'd use Caroll's "Alice's Adventures in Wonderland" with no worries though even though that probably wouldn't be as commonly searched as Disney's "Alice in Wonderland".

Also sidenote - scrolling the results (which had been narrowed by cat filter to paper plates) I noticed water bottle labels by the same designer sprinkled in the results that otherwise were all paper plates. I looked at some and couldn't find anything in the tags, titles, descriptions or template fields to account for them showing up in the results for paper plates so that's something for the techs to figure out.

[J32Design]

Using "Alice's Adventures in Wonderland" in tags is the way to go then. Simply because words in multi word tags are interchangeable, meaning it should come up when searching "Alice in Wonderland" in the MP.