Why 'George of the Jungle' Lacks Copyright and Trademark Infringement

When evaluating the relationship between 'George of the Jungle' and the classic character 'Tarzan', many scrutinize whether George constitutes a potential copyright or trademark infringement. After a detailed analysis, it becomes evident that George is not only distinctly different but also benefitting from specific legal protections.

Understanding Copyright and Trademark Protection

Copyright and trademark protections serve distinct purposes in the legal framework of intellectual property. Copyright protection applies to the original expression of ideas in creative works such as literature, music, and films. Trademark protection, on the other hand, covers the use of logos, designs, and names to distinguish goods or services in the marketplace.

George of the Jungle and Tarzan: A Comparison

The character of George from 'George of the Jungle' and the character of Tarzan, created by Edgar Rice Burroughs, share a general narrative thread of having been raised by animals and exhibiting similar physical abilities. However, there are significant differences that prevent George from constituting a copyright or trademark infringement.

No Common Name Usage

No Use of Names or Branding: 'George of the Jungle' never uses the name 'Tarzan', 'Natraz', or any similar name directly. Therefore, it cannot be considered a trademark infringement based on name usage. To qualify for trademark infringement, the name 'Tarzan' must be used in an unlicensed manner, which is not the case here.

General Idea vs. Specific Expression

Protection Against General Ideas: Copyright does not protect general ideas, themes, or storylines. For example, the concept of a man raised by animals, living in the jungle, and using physical prowess is a general idea that is not protected. What is protected is the specific way this idea is expressed in a particular work.

Expressive Differences: 'George of the Jungle' and 'Tarzan of the Jungle' are distinct in their expressions. While the general idea is similar, George is an independent creation with a unique storyline, physical appearance, and mannerisms that set him apart from Tarzan. This difference in expression further reinforces that there is no copyright infringement.

Parody as a Defense

Parody as Fair Use: The principle of parody is a well-established fair use exception under copyright law. In Campbell v. Acuff-Rose Music Inc. and Mattel Inc. v. MCA Records Inc., the Supreme Court upheld the fair use defense in cases involving parody. A parody, by its nature, makes fun of or comments on the original work, thereby transforming it into a new and different work that critiques or satirizes the original.

George as a Parody: George of the Jungle is a clear parody of Tarzan. The character and many of the depictions in the movie are intentionally humorous and exaggerate the tropes associated with the Tarzan character, thus transforming the concept into something new and different. This transformative nature protects it from potential copyright infringement claims.

Burroughs Estate's Legal Arguments: The Burroughs estate's attempt to prevent the use of the name 'Tarzan' in public domain stories is a more complex issue. Trademark and copyright protection apply differently to public domain works. The estate may seek to protect its interest in the name 'Tarzan', but this would require the removal of the name each time it appears or a decision from the Patent Office on the scope of trademark law as it applies to public domain works. As of now, this is not a viable approach given the legal precedents.

Conclusion

Given the significant differences between the characters of George and Tarzan, the independent creation of 'George of the Jungle', and the legal protections afforded by fair use, 'George of the Jungle' does not constitute a copyright or trademark infringement of 'Tarzan'. The creative and legal landscape surrounding George of the Jungle solidifies this character's place as a distinct and protected work.

Keywords:

Copyright Infringement, Trademark Infringement, George of the Jungle