CSBG Archive
Popeye Will be an Interesting Test Subject
December 31, 2008 @ 03:48 PM
- by Brian Cronin
- in General
- 20 Comments
With Popeye going into the public domain in the European Union (still 2024 for the United States) tomorrow, copyright-wise, it will be interesting to see how the situation will be handled with regards to trademark protections.
You can bet there are a lot of companies looking at this situation with keen eyes to see how it will go down.






20 Comments
Ariel S.
December 31, 2008 at 3:50 pm
Looking forward for the “Metabarons vs. Popeye” team up! :p
Ariel S.
December 31, 2008 at 3:51 pm
Which, by the way, was written by a Chilean writer and drawn by an Argentinian penciller!
Ariel S.
December 31, 2008 at 3:53 pm
(I’m talking about the Saga of the Metabarons, of course! sorry for the mess Brian :$)
Mr. Pete
December 31, 2008 at 6:25 pm
Can’t wait for Mr. Eye to get the “Grim N’ Gritty”. Garth Ennis, anyone?
Stephane Savoie
December 31, 2008 at 7:12 pm
Ah, legal Popeye “adult entertainment”. Finally!
Ian A.
December 31, 2008 at 10:54 pm
Does the copyright pertain to just Popeye or to all of the characters in the Popeye universe?
I’m presuming the former, but I have no idea when Olive Oyl, Bluto, and the rest first appeared.
Brian Cronin
December 31, 2008 at 11:02 pm
Most of the characters predated Popeye, Ian.
SKFK
January 1, 2009 at 1:14 am
“Does the copyright pertain to just Popeye or to all of the characters in the Popeye universe?”
Popeye is entering public domain in Europe because it’s been 70 years since E.C. Segar passed away. So I think anything else created by Segar will become public domain as well.
Sijo
January 1, 2009 at 10:29 am
How about… POPEYE AND TINTIN??
Oh, excuse me, “THE SAILOR MAN AND TINTIN!” (The TRADEMARK is still not public!)
jccalhoun
January 1, 2009 at 2:03 pm
That’s the problem. The trademark on Popeye is still in effect so you can make anything you want with the original art but you just can’t call it “Popeye.” You would have to sell it as “Segar’s Spinach Eating Sailor” or something like that.
Blackjak
January 1, 2009 at 2:55 pm
Isn’t that also only applicable in the country in which it is licensed?
I mean, who holds the trademark in Europe?
Doesn’t this mean that technically anyone can dig out old Popeye cartoons, reprint them on better paper and sell them without having to pay ANYONE for the privilege?
jccalhoun
January 1, 2009 at 6:20 pm
From the article:
“However, British intellectual property experts draw a distinction between copyright and trademark, the latter of which, with respect to Popeye, is still owned by King Features. Attorney Mark Owen told the Telegraph, “The Segar drawings are out of copyright, so anyone could put those on T-shirts, posters and cards and create a thriving business. If you sold a Popeye toy or Popeye spinach can, you could be infringing the trademark.””
Blackjak
January 2, 2009 at 2:46 am
So, basically, if you wanted to reprint the old stories, you’d have to have Olive shouting “Help! Help P____!”
Weird…
Brian Cronin
January 2, 2009 at 3:01 am
No, Tim, the interiors of the book can have Popeye (and all of the other characters)’s name used – just not on the cover of the book or in any advertisements for the book.
Pedro Bouça
January 2, 2009 at 7:28 am
Isn’t that the reason the Gasoline Alley compilations are being called “Walt & Skeesix”? Because that stuff is in public domain but the syndicate still retains the “Gasoline Alley” trademark?
Best,
Hunter (Pedro Bouça)
Brian Cronin
January 2, 2009 at 5:13 pm
That sounds about right, Pedro.
Pedro Bouça
January 3, 2009 at 1:12 pm
And since we are talking about it, even with all the copyright extensions, Katzenjammer Kids must have went into public domain LONG ago, isn’t it? Yet it’s still published normally. Public domain is not the bogeyman that the copyright lobby says it is…
Best,
Hunter (Pedro Bouça)
Blackjak
January 3, 2009 at 1:21 pm
Thanks for the clarification, Pedro and Brian! That makes more sense.. sort of..
Basically the content cannot be marketed using the trademark with permission, but the content can include use of the trademark? I’m really not being snarky, just trying to get my head round something that some lawyers get paid millions to understand…
And give it four years and it’s going to get worse!
Itomi Bhaa
April 21, 2009 at 7:42 am
Actualy, Rudolph Dirks died in 1968, so the Katzenjammer Kids will fall in PD in 2038 in Europe
buttler
April 21, 2009 at 8:04 am
Olive Oyl predated Popeye in the Thimble Theatre strip by a good 10 years, but Bluto was created a few years after Popeye, to give him someone to fight.