One of the Covid-19 pandemic’s outcome is the fact that all of us spend so much more time at home.
Today’s article’s theme came to me when I found myself preparing, once again, lunch for my family (its amazing how much 3 girls can eat).
As I was cutting vegetables for a well-balanced meal, my eyes caught these cute devilish tiny peppers distributed under the brand (and species) “Tinkerbell Peppers” (in Hebrew).
Bound by the immediate association to my business world – the world of trademarks and protecting copyrights – I found myself asking “I wonder how J. M. Barrie’s 1904 play Peter Pan’s rights owners would consider this use?”
Since I just recently addressed the issue of copyrights in fiction characters[1] (though the well-known illustrated Disney’s Tinkerbell character wasn’t copied at all), I checked the trademarks world, i.e. the Israeli Patent Authority’s on-line trademark database, only to discover the following amazing facts:
– The mark “TINKERBELL” (wordmark) [2] is registered in Israel only in English (there is no registered mark for the Hebrew wording);
– The Israeli registered trademark “TINKERBELL” is registered only for goods under International class 3 intended for Soaps; perfumery, essential oils, cosmetics, hair lotions and dentifrices. There are no other registrations in Israel.
– The mark “PETER PAN” (wordmark), on the other hand, is a registered trademark in Israel under several (10 to be precise) different classes.
I can only be offended on Tinkerbell’s behalf cause one would expect a better trademark protection to this definitely well-known imaginary (or at least suggestive) mark.
Meanwhile, I discovered that the tiny Tinkerbell peppers are originated from Holland (NL) Bell peppers and are quite well known in the Israeli kitchen and in many other countries under this species and brand. It may well be regarded as a product that acquired substantial goodwill, at least in the Israeli market.
I find myself asking should a dispute arise, who would win the ownership on this mark for “peppers”? I admit, I have no answer.
[1] See my short article on the topic at: https://ht-ip-law.com/sherlock-holmes-netflix-copyright/
[2] Israeli trademark registration number 54401, filed on June 8, 1982 and owned by Disney Enterprises, Inc.
