People pray for deceased family members, and altars are prepared with photos and memorabilia. Food and drink are also displayed in their honor. Trips are made to the cemeteries and grave sites cleaned and decorated, and food and drink once again offered.
No one seemed to mind that The Walt Disney Company (NYSE:DIS) was making a movie on this theme, but when The Walt Disney Company (NYSE:DIS) applied to trademark the name “Día de los Muertos” on May 1, it is not surprising that an uproar ensued.
In all, The Walt Disney Company (NYSE:DIS) made 10 filings:
| Filing ID | Goods and Services Covered | |||
|---|---|---|---|---|
| 85920880 | IC 041. US 100 101 107. G & S: Education and entertainment services | |||
| 85920877 | IC 029. US 046. G & S: Fruit preserves; fruit-based snack foods; eggs; jams; jellies; potato chips; nuts; dairy products; meat; poultry; fruits; vegetables; prepared or packaged meals consisting primarily of meat, fish, poultry or vegetables | |||
| 85920876 | IC 028. US 022 023 038 050. G & S: Toys, games and playthings; gymnastic and sporting articles (except clothing); hand-held units for playing electronic games for use with or without an external display screen or monitor; Christmas stockings; Christmas tree ornaments and decorations; snow globes | |||
| 85920873 | IC 025. US 022 039. G & S: Clothing, footwear and headwear | |||
| 85920869 |
| |||
| 85920868 | IC 016. US 002 005 022 023 029 037 038 050. G & S: Paper and paper articles; cardboard and cardboard articles; printed matter; publications; books; photographs; portraits; paintings; stationery; office and school supplies | |||
| 85920866 | IC 014. US 002 027 028 050. G & S: Clocks; jewelry; jewelry boxes; jewelry cases; key rings of precious metal; coins; watches; watch bands | |||
| 85920861 | IC 009. US 021 023 026 036 038. G & S: Apparatus for recording, transmission or reproduction of sound or images; audio books; audio recordings; audio and visual recordings; video game software; computer programs and software; consumer electronics and accessories therefor; eyeglasses and sunglasses and accessories therefor; binoculars; decorative magnets; graduated rulers | |||
| 85920856 | IC 003. US 001 004 006 050 051 052. G & S: Cosmetics; dentifrices; non-medicated toiletries; fragrances; perfumes | |||
| 85920850 | IC 030. US 046. G & S: Confectionery and chewing gum; breakfast cereals and preparations made from cereals; cereal bars; bread; muffins; muffin bars; pastry; waffles; pancakes; cookies; crackers; biscuits; popcorn; corn chips; pretzels; puddings; coffee; tea; cocoa; sugar; rice; flour; ices; ice; honey; condiments; sauces; spices; pizza; pasta and noodles; macaroni and cheese; frozen meals consisting primarily of pasta or rice; staple foods |
The Huffington Post noted a tweet by Aida Lu:
Día de Muertos is a Mexican tradition, it is part of our culture!!! It s NOT a product. It CANNOT be a trademark! @Disney @DisneyPixar
Grace Sesma of Nederland, CO started a petition – Walt Disney Company: Stop Trademark of “Dia de los Muertos.” – that received over 21,000 signatures before claiming victory.
Yes, victory. Because today The Walt Disney Company (NYSE:DIS) announced that it was withdrawing its applications, stating according to AP:
“Disney’s trademark filing was intended to protect any potential title for our film and related activities,” a company statement said. “It has since been determined that the title of the film will change and therefore we are withdrawing our trademark filing.”
The AP article goes on to quote:
What were they thinking?” Genevieve Barrios Southgate, director of community programs at Bowers Museum in Santa Ana, told the Orange County Register (http://bit.ly/ZFGuq5 ).
“Disney obviously responded to public pressure,” she said. “I guess that’s what happens when you don’t have culturally sensitive people as your advisers.”
It is interesting to note that toys and candies were among the items to be trademarked. Both of these are an integral part of the celebration. Stylized skeleton figures and skulls of sugar frequently adorn the family altars. If the trademarks had been pursued, perhaps figures such as the Catrinas pictured below would have become trademarked items.
This is not the first time Disney has run amuck of public opinion regarding intended trademarks. Two years ago they came under fire for trying to trademark “Seal Team 6,” but withdrew it when the Navy filed their own trademark application.
Still, the mess remains relatively contained, and the stock price appears unaffected. I imagine that this is partly due to the speed with which Disney reacted and withdrew the application. Just as the Navy intervened in the “Seal Team 6” issue, it would be hard to imagine the Mexican government allowing this to happen. What would happen if they tried to trademark “Chanukah” or “Easter?” Would all makers of chocolate bunnies have to register wit Disney?
This is a real fiasco and for many a bad taste will be left in the mouth as far as Disney is concerned. However, I’m sure their sugar sweet entertainment fare will soon put it all in the past.
The article Disney: Back From the Dead originally appeared on Fool.com and is written by Jaan Seunnasepp.
Jaan Seunnasepp owns shares of Apple. The Motley Fool recommends Apple and Walt Disney. The Motley Fool owns shares of Apple and Walt Disney.
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