Response to “Firefly” Hat Triggers Corporate Crackdown:
The one thing that most people are overlooking is that, whilst Fox have the rights to Firely, and any associatiated logos, character names, etc, they do not now, nor will, own the licence to a beanie, even a beanie with earflap, a pompom and is in a certain colour scheme. It’s a beanie - they do not own the rights to the beanie any more that they own the rights to t-shirts, sarees, boot, overalls, floral bonnets, or any other item of clothing worn on the show. If the clothing has a particular logo or emblem that was created for the show, eg a t-shirt with a blue sun logo, then they own the licence to the logo, but not clothing itself, sans logo. Fox have no more licence over a t-shirt sans licensed logos, that they do over a beanie sans licensed logos. Etsy’s response is irrational, and I would argue, illiegal in it’s own right. As previously suggested, all the seller should be reqired to do is remove the reference to the show, ie cease using the name Jayne, and the beanies will no longer infringe on copyright. Fox know this, but they also know that no garage knitter is going to have the cash to fight them and so they will, by default, be permitted to get away with it. As much as I believe that ThinkGeek had nothing to do with this (and their references to esty on the sight would by default suggest support to the homemade product), and even with them doanting all funds to (a very worthy) charity, I’d prefer give my money direct to the worthy charity, than buy a “licensed” beanie which would essentially mean I am supporting Fox and their legal team in their deception.