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September 22, 2008

disney and fabuloso friday

disney has launched a new series called fabuloso fridays. considering their ridiculous stance on copyright infringement i'm a bit miffed.


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Comments (42)

Darn you Mickey Mouse...
Don't worry, I will avenge you by angrily shaking my fist.

Posted by: Jaunell at September 22, 2008 9:29 AM

that is kinda ironic.
wouldn't they have to use a different name or try to buy this one? or is the name not protected by copyright laws?

Posted by: Donny at September 22, 2008 9:35 AM

! Viva la revolucion !

Posted by: Anonymous Girl at September 22, 2008 9:36 AM

Give me an address and I'll send a snarky letter.

Posted by: Amy at September 22, 2008 9:38 AM

I wonder if they have the copyright now. You should probably watch out ze, they may try and sue you retroactively for using their word before they even thought of it yet. Maybe that was someone's brain crack...

Posted by: jmo at September 22, 2008 9:39 AM

you could make a legitimate case, but then disney lawyers would pound you into the ground like a tent stake. :)

Posted by: majorwho at September 22, 2008 9:45 AM

Grrrr.....

That does it. I'm laying out mouse traps everywhere I go!

Posted by: consumatron at September 22, 2008 10:12 AM

ROW ROW FIGHT THE POWAH

Posted by: Anonymous at September 22, 2008 10:33 AM

Perhaps it's time to introduce a new mascot of the League of Awesomeness: Mocky Mouse. He could point at stupid things and laugh. Makes the limited mobility that comes with wearing one of those costumes not so much a problem.

Posted by: ccd at September 22, 2008 10:40 AM

Since it's probably not an important enough "concept" to spend a bunch of time and money taking Disney to court over, I think you should just start calling them and saying things like, "Hey guys. Remember when I played it cool about you stealing my shit? Yeah, so I've this new idea I'd like to pitch and I figure the least you can do is give me a meeting."

I mean, you might as well try to get something out of the deal.

Posted by: Evan at September 22, 2008 11:10 AM

considering it?? My kids and I have been watching the commercials for it...

I wondered if you knew.

Posted by: rob at September 22, 2008 11:26 AM

dude, file for a trade mark on the term, then sue them. i'm pretty sure you'd win.

Posted by: josh at September 22, 2008 12:58 PM

My power move will be boycotting Disney and Disney-related products. Hrmph. *pouts angrily*

Posted by: RosemaryL at September 22, 2008 1:04 PM

sure you've seen this before, but:

http://www.youtube.com/watch?v=CJn_jC4FNDo

sucks.

Posted by: ingrid at September 22, 2008 1:09 PM

They'd just better not start playing correspondence chess! Or the soundtrack to Chess!

Posted by: Rubrick at September 22, 2008 1:25 PM

Justifiably miffed, kind Sir!

jmo makes a great point.

But, isn't your material copyrighted the first time you post it? They're hardchargers in ducks' clothing! But really, I think you have some royalties coming. So: howya gonna spend the money?

And just for this, I think I'll make a video of my favorite disney-character based joke and post it this week.

I live near Burbank. I'll show up in court and testify! You said it first!!!

Posted by: jeano at September 22, 2008 1:43 PM

I know I already commented, but I just have to add this:

THEY CAN'T *DO* THAT!

Posted by: jeano at September 22, 2008 1:56 PM

For what it's worth, a Google search for "Fabuloso Fridays" brings up an episode of The Show first.

A Google search for "Fabuloso Fridays Disney" bring up this blog post first!

You still prevail.

Posted by: Owen at September 22, 2008 2:00 PM

I'm pretty sure that's actionable, provided that you can prove someone wasn't using it before you. Maybe even then.

For what it's worth, you're the only source for Fabuloso Fridays. Only the genuine article, accept no substitutes.

Posted by: Sarah at September 22, 2008 2:15 PM

here's two options:
1) win a lawsuit against disney and live a life of freedom to create art at your leisure from here on out
2) win a lawsuit against disney and donate all the proceeds to creative commons

losing is not an option :)

yay rah rah ze!

Posted by: chel at September 22, 2008 2:52 PM

Since you used the term first, their copyright is invalid because of prior art. Now if we had a Copyright Office that was not for sale, you would have a chance. As it is, their lawyers will pound you into the ground for the pure joy of doing it, but you can get even..

Take a James Thurber approach as outline in The Thurber Carnival, File and Forget sketch. Write them a letter pointing out prior art. They will write you back telling you to stop using the term. Burn a bunch of Mickey Mouse stuff in public and post the video on You Tube. Make a big show of it.

Posted by: Rus at September 22, 2008 3:29 PM

What happened to creative ethics?? Pirating ideas is just wrong!

Bet you a Starbucks half-shot vanilla latte that next they'll come up with something called a "Power Move."


Posted by: kimmyesque at September 22, 2008 3:30 PM

And here you were wondering what the next big thing would be! Keep your PowerMove at the ready, Ze.

I wouldn't wish a legal battle upon anybody. So I am internally conflicted about this.

On one hand, I don't want to see a money-hungry corporation steal from you just because their ponderous legal teams outmatch any legal resource you can likely access. That is unfair, that is unjust and that gives validity to the myth we as individuals live with in relation to corporations; that they are above the law, that we can not sway their course and that an individual can not hold a corporation accountable.

On the other hand, I don't believe it's right that you have to spend money and time to defend that which is rightfully yours. Simply by having to fight this tedious, time-consuming and banal battle, righteous though it is, you would have to sacrifice some of your mental and personal energy to (essentially) maintain status quo. And that rankles, because I really appreciate the time and energy you spend CREATING things, rather than having your resources used up simply to 'mark time' (to retain what is already yours).

What do you plan to do, Ze? Where do you come down on this conflict?

Posted by: zipl at September 22, 2008 4:24 PM

no link? enlighten me.

-jay was here!

Posted by: jay at September 22, 2008 4:33 PM

my question is if they didn't have the strict copyright laws, would you still be miffed? being as is i think you have a right to be angry, but it's still pretty sweet that you ideas are deemed steal worthy.

Posted by: Schafe at September 22, 2008 5:11 PM

Disney offers to settle out of court by offering Ze a supporting role as the guidance counselor in High School Musical 15.

Posted by: Kurt at September 22, 2008 5:20 PM

Doo Doo Doo DOoooo CHARGE!!!!

here comes your hate mail buena vista!!!!

By the way i went to mexico and i actualy found some fabuloso

Posted by: Adam at September 22, 2008 8:08 PM

But will THEIR Fabuloso Fridays include three (five, sir) minutes of Starbucks, salt, and German douchebags?

Yeah, that's what I thought.

Posted by: Justin at September 22, 2008 8:26 PM

This reminds me of a certain time involving fire eagles and yahoo. Well, I think it was yahoo.

Posted by: FatherLouis at September 22, 2008 8:45 PM

crowdsourced lawyering? legal team of sportsracers? what is there to lose here?

Posted by: digdag88 at September 22, 2008 8:45 PM

First off, to everyone who is saying "copyright"... this is a trademark issue, not a copyright issue.

Disney is offering a product under the name (the "mark") Fabuloso Fridays, whereas Ze has previously used the same mark to offer an entertainment product of his own. One could reasonably be confused into thinking that somehow the two were related or that Ze is endorsing Disney's product, which he is not.

This is a cut and dry trademark case. Ze could send them a cease and desist, and if they refuse to comply, Ze could take them to court. Whether or not it is worth it is the question. Depending on how this sort of thing usually plays out, I could picture either Ze getting back some small amount of money that he could claim as "lost revenues" or a larger sum based on how much revenue Disney has made, plus all legal fees paid.

But Disney would settle out of court before that I imagine, or just bully Ze into being unable to defend himself.

Blegh.

Posted by: Grant Hutchins at September 22, 2008 10:49 PM

I have no doubt that someone at Disney watched "that internet thing by that internet guy" and simply figured they could get away with simply lifting it.

It's the Disney corporate culture. Google "Disney and A.A. Milne"

I hope you trademarked "SportsRacers," "power moves," and "thinking so you don't have to" sometime yesterday afternoon.

Posted by: Zooooom at September 22, 2008 11:40 PM

You obviously don't want to start a legal battle with the Great Corporate Rat (as a friend of mine who works for Warners calls it), but maybe you can get some free public shaming. Talk to one of the local news station... who does the "Shame On You" bit? Hope it's not the ABC affiliate...

Posted by: Lhyzz at September 23, 2008 12:26 AM

Death to Disney.

Posted by: Gordon at September 23, 2008 11:42 AM

I have to agree with Schafe look at the bright side - the stealers of the best stole from you! Do you really want to stand in the supreme court after 20 years of fighting and and say "they took Fabuloso Fridays"? Their creative team has to live with the fact that they just aren't that creative...and you are and everybody knows it. Don't let the bastards get you down.

Posted by: ncw at September 23, 2008 11:58 AM

Uh... it's a four week promotion to celebrate Hispanic Heritage Month not an actual show, right? Pat yourself on the back for coining a catchy slogan and move along, nothing to see here.

Posted by: royonice at September 23, 2008 1:12 PM

maybe fabuloso friday is not as unique as you thought it was...but you are for sure...keep a stiff upper (what is it lip? chin?)

Posted by: romina at September 23, 2008 5:21 PM

You best claim Sarcastic [Barcelona] Thursdays before the hard chargers put that celebration in EPCotT.

We can say we new fab fri "when."

Posted by: gypsy sister at September 23, 2008 9:13 PM

ROW ROW FIGHT THE POWAH, anon?

I smell copyright infrigement on this end too!

Posted by: Kamina at September 24, 2008 9:17 AM

At bare minimum, send a cease and desist letter. That is only one iota of effort and will at least see what happens next. I'm sure there's an IP lawyer who would want to help you write it. I know of at least one who probably would. If you want me to tap hip for you, Ze, let me know.

Posted by: Mildweed at September 24, 2008 7:09 PM

There are multitudes of Fabulosos and the entire League of Awesomeness behind you, Ze. Say the word and we shall ride our duckies to the denizen of Disney! The corrupt keepers of the poor cultural prisoner rodent we all know as Mickey will have no choice but to bow down - or pay up - or, at the very least, acknowledge they are thieving douchebags, or else the Fabs and LOA will raze their not-so-magic kingdom and leave them crying amidst the ashes and dust of their shattered empire.

Or you could just write a strongly worded letter to the Times.

Cheers.

Posted by: Robbo at September 25, 2008 5:07 PM

Fabuloso is a cleaner that is made by whoever makes colgate.

that's as far as I got into the whatnanny.

kelly

Posted by: Kelly at September 28, 2008 6:35 AM

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