Folksy Ltd

"I love you to the moon and back" has now been trademarked


(Helen Smith) #21

There is a difference too between copyright and trademark; copyright applies automatically without any action on the part of the author and for most things that is sufficient, I imagine it’s the extent of the use of the phrase (which is breaking the copyright rules) which has prompted them to apply for a trademark.


(Christine E.) #22

The “saying” was certainly not around in the 1980s when my kids were young. My Granddaughter has a copy- she’s 8 now, and I think it had been around for a few years before then. The phrase is the heart of the book, which has been carefully crafted by an artist in words. And if Heidi @Textiletreasure is referring to my use of The Owl and the Pussycat in her snide remark, I had this rhyme in a nursery rhyme book when I was a child and a lot of people consider it to be traditional and it is well out of copyright. I doubt if Walker books will start to pursue everybody who uses the phrase, neither am I criticising anybody who has used it. I am just saying they are within their rights to copyright it.


(Helen Smith) #23

@JOYSofGLASS the song ‘Happy Birthday to you’ is owned - I think by Michael Jackson’s estate? By someone anyway which is why you often hear weird alternatives


(Joy Salt) #24

I’ll avoid that one then :slight_smile: I’m laughing, a little, as I can honestly say I never ever considered copyright in the moon and back expression as I had no idea where it came from. Just one of those things which creeps into common use and the next thing you know you’re being sued and innocence is never a good defence !


(Amberlilly) #25

Wonder if the word “love” was spelt different, “luv” then doubt it, just a suggestion.


(ElizabethGaultJewellery) #26

I’ve heard that it is that exact phrase only so even if you take the ‘I’ off you are ok…not 100% certain though so best to do your own research. :smiley:


(Heidi Meier) #27

I thought the above was a criticism of people using the expression; I stand corrected @coatimundi. Apologies given to the offence caused.


(Liz Clark) #28

I think that could be classed as paraphrasing if you just dropped the “I” at the beginning. Wouldn’t be something I’d want to test in court I’ll admit so as you say, best to do own research and cover ones backside!

@EileensCraftStudio
From what I read yesterday it’s not the word Tardis but the actual Police Box itself.
http://news.bbc.co.uk/1/hi/entertainment/2352743.stm

@BobbysBoutique
At the moment I believe Jewellery isn’t covered, but I reckon Walker Books will be hot on that one to get it covered.


(Joy Salt) #30

Yes but that would mean the phrase “I love the moon” is also a paraphrase so would that be banned too ?


(Helen Smith) #31

@JOYSofGLASS I doubt it, because the meaning is completely different.

Interesting about the Tardis, there is still a blue police call box on the seafront in Scarborough (not sure it’s actually in use). Although it doesn’t look exactly like the Tardis one…


(Liz Clark) #32

It would be down to the court to decide I think Joy, should it ever get that far. Test cases would be interesting to see what is and what isn’t upheld. Wouldn’t want to be a test case though, don’t have the money!


(Joy Salt) #33

If I were to be sued for using that paraphrase I would give up on UK law and emigrate !


(Bobbys Boutique) #34

It’s all very interesting, and a real minefield! It’s not something that I’ve ever used in my jewellery, but I have been saying it to my kids for the last 19 years! I must admit to loving the book, it’s still one of my favourite kids stories. Ha Ha - bring on the grandkids eh? :wink:


(Fiona Thomson) #35

“keep calm and pick another planet”

?


(Lizzie Gillum, Bedfordshire, Uk ) #36

But, “I love you to the moon and back” IS a traditional saying!


(Eileens Craft Studio) #37

tbh I’d never heard of the saying until this thread came up.


(Leanne Woods) #38

Was the original line in the book not “I love you right up to the moon and back”, so which one’s trademarked? The original one in the book or the clipped version people are using to make a few quid … bit skeevy if it’s the second one imo:)


(Liz Clark) #39

@SeetheWoods In the book it’s “I love you right up to the moon…and back” and the book is protected by copyright. But “I love you to the moon and back” is the one that’s been trademarked.


(Leanne Woods) #40

Ahhh, get it now.

Looks like folk are just going to have to find another way to say I love you:)


(Joy Salt) #41

I just don’t see how they can take an expression which is similar but not the same as the one in the book and claim it. That is utterly ridiculous.

For the record I haven’t called my suncatcher by that name in order to make a few quid. I called it that simply because that was the expression which came to mind when I had finished drawing it.
Don’t know about the rest of you but I for one don’t sit down at my desk chewing nervously on the end of my pencil wracking my brain to come up with a design which will make my fortune. I make whatever gives me the most enjoyment and hopefully therefore what will please others.

Maybe I can copyright the phrase “Stained glass suncatcher” - now that would stop all competition dead in its tracks,

Joy

PS I do of course jest