
Stephen L. Carter reviews in the New York Times Rhett Butler’s People, the new authorized Gone With the Wind sequel, written by Donald McCaig. The book has for central character Rhett Butler, who probably will not be portrayed as having an having with Scarlett half sister, born from the ancillary love of Gerald O'Hara and Mammy, as portrayed in the Wind Done Gone. The author, Alice Randall, won the suit brought by the Trustees of the Mitchell Estate, claiming copyright infringement.
As Professor Carter remind us in his article , in the original Michell book, Mr Kennedy, one of Scarlett's husband, dies in an ambush as a Klan man, during an expedition set to avenge Scarlett's honor (she has been attacked by a black man.) The suit was a copyright infringement suit. Would have it gone another route if the trustees would have sued for trademark infringement, and disparagement? It would have been difficult to prove disparagement (by miscegenation? Fortunately, these laws have been repealed...) of a character, Rhett Butler, while shown in the original book risking his life to save revenge-hungry Klan men...
Rhett Butler and Scarlett O'Hara are registered trademarks. Turner Entertainment Company has the right to use "Rhett Butler' and 'Scarlett O'Hara" as a mark for "Toys and sporting goods, including games and playthings--namely, action figures and accessories therefor; plush toys; balloons; bathtub toys; ride-on toys; equipment sold as a unit for playing card games; toy vehicles; dolls; flying discs; electronic hand-held game unit; game equipment sold as a unit for playing a board game, a card game, a manipulative game, a parlor game and an action type target game; stand alone video output game machines; jigsaw and manipulative puzzles; paper face masks; skateboards; ice skates; water squirting toys; balls--namely, playground balls, soccer balls, baseballs, basketballs; baseball gloves; swimming floats for recreational use; kickboard flotation devices for recreational use; surfboards; swim boards for recreational use; swim fins; toy bakeware and toy cookware; toy banks; toy snow globes; and Christmas tree ornaments. "
Indeed, the Margaret Mitchell Museum sells Christmas ornaments, and other GWTW items. Scarlett O'Hara base ball gloves? More unlikely.. The ball is high, the ball is gone with the wind, home run by ... , does not sound right somehow...
No comments:
Post a Comment