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by Idontknowmyuser 3063 days ago
I feel like this is bullshit. It's very clear that the photo is inspired by the cat, not the photo of the cat. There are many different details between the two images to the point that it is a totally different photo of the cat ( see ear position,left eye ..)
2 comments

Below is a better comparison of the two images.

https://i.imgur.com/nyD3111.jpg

If the image is the issue, then we're basically not going to allow anyone to draw an illustration of a sad cat any longer, which is absurd.

That being said, I imagine the "Grumpy Cat" text is the concern here. If they just used the cat illustration and "Grumppuccino" text they would probably be in the clear (assuming that text wasn't part of the original agreement). The way it's currently presented, it's confusing to consumers and it looks like an official Grumpy Cat product.

Grumpy Cat is a brand, not a logo.

This is no different to protecting a business name.

I'm bemused that critics of copyright believe that IP Protection is Evil, but have no problem understanding that they're not going to be able to call their startup "Microsoft", "Google", or "Apple" - because that would be an obvious and ridiculous branding infringement.

But copyright of a single work isn't a brand? In a practical sense it is, because the whole point of IP is that it has market value - and brands, individual works, band and artist names, logos, and the rest, all generate income for creators.

(Or more often for middle men and managers - but that's a different problem, and one that's hardly going to be solved by eliminating IP.)

Branding is in the realm of trademark, not copyright. This was a copyright lawsuit, so branding has nothing to do with it.

If Disney finally loses copyright of Steamboat Willie, you will still not be able to use the trademarked Disney Ears. (The one that's three circles.)

This was a copyright, trademark, and breach of contract lawsuit, not only a copyright lawsuit.
> I'm bemused that critics of copyright believe that IP Protection is Evil, but have no problem understanding that they're not going to be able to call their startup "Microsoft", "Google", or "Apple"

A critic of copyright protection could still support trademark and/or patent protection. For example, I'd say that current copyright terms are excessive, but that an entity, whether a person or a company, should have exclusive and perpetual rights to their own identity (i.e. trademark-like protection).