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Hakuna matata and colonialism

Hakuna matata and colonialism

The Lion King is launched in 1994 by Disney. To prevent parasitic use, the company registers the film title and logo as a trademark. Also songs titles from the film score, like “Hakuna matata”, are trademarked (for T-shirts). With the upcoming relaunch of the film this year, Disney is suddenly involved in a riot. The petition website demands cancellation of the 1994 mark (the petition was signed more than 180,000 times). The trademark means 'no problem' in Swahili language. By this trademark registration, Disney would claim ownership of a piece of African cultural heritage. The petition’s initiator sees this as insult and disrespect for the African population.

The Lion King is launched in 1994 by Disney. To prevent parasitic use, the company registers the film title and logo as a trademark. Also songs titles from the film score, like “Hakuna matata”, are trademarked (for T-shirts). With the upcoming relaunch of the film this year, Disney is suddenly involved in a riot. The petition website demands cancellation of the 1994 mark (the petition was signed more than 180,000 times). The trademark means ‘no problem’ in Swahili language. By this trademark registration, Disney would claim ownership of a piece of African cultural heritage. The petition’s initiator sees this as insult and disrespect for the African population.

From a trademark law perspective, Disney does nothing wrong. With the registration, the company wants to prevent the sale of clothing by third parties under this trademark. No claim is made on the expression itself. That nuance is completely lost in the online discussion. As is the fact that the trademark has already been registered 61 times by third parties around the world, in the hope of being able free ride on the success of The Lion King. As a company, one should be aware of the sensitivities in the registration of images and expressions that belong to the cultural heritage (such as ALLAH, JESUS and the Night-Watch etc.). Sometimes it is better to choose an alternative. (Source image: TMDN.org)

About Abcor

Abcor specializes in applying for trademark and design rights. We do this worldwide for both SMEs and international companies, but often everything starts with an initial Benelux application. Our aim is to relieve the client of all the worries, which is why we take care of all the steps, from initial advice on what to apply for and how, right through to registration.

In addition to applying for trademarks, we also manage portfolios for our clients. We ensure that trademarks are renewed on time, that the right organizations are paid (given the many fraudulent companies), and we support our clients on issues.

In addition, we are sparring partners for our customers on new products and how to shape and claim new ideas.

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Newsletter: Abcor ABC Magazine

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Among others in this issue:
• EUIPO vs Mora TV: weigering geluidsmerk
• Jägermeister vs Alte Heiler: stop Russische copycat
• Stichting Nederlandse Top 40: gericht op Benelux?
• Tijdschrift HART vs Hermitage: soortgelijkheid
• Monique Granneman: nieuwe partner Abcor

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