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Android App Based on Disney Theme Parks

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knokout1

Junior Member
What is the name of your state (only U.S. law)? Florida

I wanted to start a basic quiz app for Android phones that asks questions regarding the Walt Disney World theme parks. Obviously this would mention the name of rides, restaurants, hotels, etc. within the theme park and general resort. Am I allowed to use the names of property for the Disney company in the app, or would this become a copyright issue? I appreciate any advice in this regard.
 


TigerD

Senior Member
What is the name of your state (only U.S. law)? Florida

I wanted to start a basic quiz app for Android phones that asks questions regarding the Walt Disney World theme parks. Obviously this would mention the name of rides, restaurants, hotels, etc. within the theme park and general resort. Am I allowed to use the names of property for the Disney company in the app, or would this become a copyright issue? I appreciate any advice in this regard.

Do you think the mouse would be okay with it?

(answer: no)

If not, can you afford to fight a company that makes more than $20 billion per year (In Florida)?

If no, think about something else.
If yes, can I have a job?

TD
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Florida

I wanted to start a basic quiz app for Android phones that asks questions regarding the Walt Disney World theme parks. Obviously this would mention the name of rides, restaurants, hotels, etc. within the theme park and general resort. Am I allowed to use the names of property for the Disney company in the app, or would this become a copyright issue? I appreciate any advice in this regard.

Trademark issues are more likely than copyright issues - but there are a number of laws that can come into play with your proposed app.

Whenever you are using a famous trademark, you need to handle the trademark and the reputation of the company that holds the mark with great care.

I recommend you have your app personally reviewed by an IP attorney in your area or seek permission from Disney, this to best ensure you are not sued.
 

FlyingRon

Senior Member
Disney is very aggressive in protecting their marks. You'll have more problems with them than for example some of the other theme parks.
 

quincy

Senior Member
I agree that Disney is not a company that one wants to mess with as Disney has no problem suing infringers (real or imagined). Trying to challenge Disney is too costly for the average person and his bank account to attempt.

That said, Disney has not been as successful with their own apps as they had hoped to be. The competition for them has been tough. It potentially could be possible (not sure how probable) for knokout1 to acquire a license from Disney in this one area.

In addition, although this is not easy to do well, you can use the Disney trademarks in a descriptive sense for reviews and to state facts. A question-and-answer format for an app might be possible, therefore, as long as the Disney marks are not used in a way to imply endorsement by Disney or used to promote the app in advertising or if Disney images are not used without permission from Disney. Of course, it could make for a boring app if all precautions that need to be taken are taken. ;)

A review by an IP attorney would be smart before moving ahead with the development of any app that uses Disney material.
 

knokout1

Junior Member
Thanks guys, I appreciate all the advice given. I think I will just avoid the possibility of trouble and let this idea go. I'd rather it not become an issue since I'm just one person. But thanks again!
 

quincy

Senior Member
Thanks guys, I appreciate all the advice given. I think I will just avoid the possibility of trouble and let this idea go. I'd rather it not become an issue since I'm just one person. But thanks again!

I am sorry we were not able to offer you many positives when it comes to using Disney material without permission from Disney.

As I said earlier, there are ways to use even Disney trademarks without infringing on rights - but there is no way to prevent a trademark holder from suing over an unauthorized use, this whether rights have been infringed or not.

We all appreciate your thanks, knokout1. Good luck.
 

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