When is a Gruffalo, not a Gruffalo? When he’s an unlicensed wooden sculpture in Orrest Head, Windermere

Unsurprisingly, perhaps, given the continuing success of The Gruffalo, the author, Julia Donaldson, and the illustrator, Axel Scheffler, have registered their scary, but not really scary friend as a trademark.

In an excellent example of enhancing the copyright of their creation by also registering trademarks, Donaldson and Scheffler, and no doubt their advisers, have shown how to integrate two aspects of intellectual property (IP).

Their IP skills also stretch to licensing their creations, and in addition to the multitude of merchandise ranging from Gruffalo soap to Gruffalo ready meals, they also license 3D sculptures of the Gruffalo and his friends.

Their licensor, Magic Light Pictures, has an agreement with Forestry England to license Gruffalo trails in Whinlatter and Grizedale Forests – but not in Orrest Head, Windermere. The local council in Windermere received a letter from Magic Light Pictures asking for the Orrest Head trail to be removed since there was no license.

Apparently, the Gruffalo and his friends have been living in Orrest Head for 10 years, but cease and desist letters have no respect for time or tide, and down the sculptures came. The media headlines, as one might expect, screamed, “copyright infringement,” “children’s fun spoiled by legalities,” “spoilsports,” and similar epithets.

Is this copyright infringement or trademark infringement? It’s quite likely both, but the strength of the complaint is reinforced by the trademark that is officially registered. Yes, there is copyright infringement, and the creators would be able to prove that beyond any doubt – but not through any form of registration since copyright arises automatically in the UK.

It’s very doubtful that this infringement would ever come to court, but if it did, it would be so easy to defend because the creators and their advisers have looked very carefully at the IP surrounding the characters and made their legal existence impenetrable.

What about the artist and the family who own the Orrest Head sculptures? Did they ever think they would be infringing the Gruffalo’s IP?  Not only was the copyright in existence but the trademark was registered in 2008, so, sadly, there is no excuse for the infringement other than ignorance of IP – a weakness that continues to plague start-ups, SMEs, and monolithic business empires.

When considering using, borrowing, or stealing third-party IP, always ask yourself the question – can I copy legally?

If there are any other budding sculptors, artists, potters, or designers in the creative world thinking about a Smeds and Smoos, Tabby McTat, Tiddler, or Room on the Broom trail through an attractive woodland, sorry, they’re all registered trademarks as well – and still Donaldson and Scheffler’s copyright.

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