page_title: Zorro
section_title: Copyright and trademark disputes
hierarchical_section_title: Zorro / Copyright and trademark disputes
caption_attribution_description: English: Movie poster for 1920 film The Mark of Zorro.
context_page_description: Zorro is a fictional character created in 1919 by American pulp writer Johnston McCulley, and appearing in works set in the Pueblo of Los Angeles during the era of Spanish California. He is typically portrayed as a dashing masked vigilante who defends the commoners and indigenous peoples of California against corrupt and tyrannical officials and other villains. His signature all-black costume includes a cape, a hat known as a sombrero cordobés, and a mask covering the upper half of his face.
  In the stories, Zorro has a high bounty on his head, but is too skilled and cunning for the bumbling authorities to catch, and he also delights in publicly humiliating them. Because of this, the townspeople started calling him "El Zorro" due to his foxlike cunning and charm. Zorro is an acrobat and an expert in various weapons, but the one he employs most frequently is his rapier, which he uses often to carve the initial "Z" on his defeated foes, and other objects to "sign his work". He is also an accomplished rider, his trusty steed being a black horse called Tornado.
context_section_description: The copyright and trademark status of the Zorro character and stories are disputed. Most of the entries of the Zorro franchise are still protected by copyright, but there are at least three exceptions: the 1919 novel The Curse of Capistrano, the 1920 film The Mark of Zorro and the 1922 novel The Further Adventures of Zorro are in the public domain in the United States since they publicly appeared before 1923. A company called Zorro Productions, Inc., asserts that it "controls the worldwide trademarks and copyrights in the name, visual likeness and the character of Zorro." It further states "[t]he unauthorized, unlicensed use of the name, character and/or likeness of 'Zorro' is an infringement and a violation of state and federal laws."
  In 1999, TriStar Pictures, a division of Sony Pictures, sued Del Taco, Inc., due to a fast-food restaurant advertising campaign that allegedly infringed Zorro Productions' claims to a trademark on the character of Zorro. Sony and TriStar had paid licensing fees to Zorro Productions, Inc., related to the 1998 film The Mask of Zorro. In an August 1999 order, the court ruled that it would not invalidate Zorro Productions' trademarks as a result of the defendant's arguments that certain copyrights in Zorro being in the public domain or owned by third parties.
  A dispute took place in the 2001 case of Sony Pictures Entertainment v. Fireworks Ent. Group. On January 24, 2001, Sony Pictures, TriStar Pictures and Zorro Productions, Inc. sued Fireworks Entertainment, Paramount Pictures, and Mercury Entertainment, claiming that the Queen of Swords television series infringed upon the copyrights and trademarks of Zorro and associated characters. Queen of Swords is a 2000–2001 television series set in Spanish California during the early 19th century and featuring a hero who wore a black costume with a red sash and demonstrated similarities to the character of Zorro, including the sword-fighting skills, use of a whip and bolas, and horse-riding skills.
  Zorro Productions, Inc., argued that it owned the copyright to the original character because Johnston McCulley assigned his Zorro rights to Mitchell Gertz in 1949. Gertz died in 1961, and his estate transferred to his children, who created Zorro Productions, Inc. Fireworks Entertainment argued that the original rights had already been transferred to Douglas Fairbanks, Sr. in 1920 and provided documents showing this was legally affirmed in 1929, and also questioned whether the copyright was still valid.
  The court ruled that "since the copyrights in The Curse of Capistrano and The Mark of Zorro lapsed in 1995 or before, the character Zorro has been in the public domain". Judge Collins also stated that: "Plaintiffs' argument that they have a trademark in Zorro because they licensed others to use Zorro, however, is specious. It assumes that ZPI had the right to demand licenses to use Zorro at all." Judge Collins subsequently vacated her ruling following an unopposed motion filed by Sony Pictures, TriStar Pictures and Zorro Productions, Inc.
  In another legal action in 2010, Zorro Productions, Inc., sued Mars, Incorporated, makers of M&M's chocolate candies, and ad agency BBDO Worldwide over a commercial featuring a Zorro-like costume. The case was settled ("each party shall bear its own costs incurred in connection with this action, including its
  attorney's fees and costs") on August 13, 2010.
  In March 2013, Robert W. Cabell, author of Z – the Musical of Zorro (1998), filed another lawsuit against Zorro Productions, Inc. The lawsuit asserted that the Zorro character is in the public domain and that the trademark registrations by Zorro Productions, Inc., are therefore fraudulent. In October 2014, Cabell's lawsuit was dismissed, with the judge ruling that the state of Washington (where the case was filed) did not have jurisdiction over the matter. However the judge later reversed his decision and had the case transferred to California. In May 2017, U.S. District Judge Davila granted Zorro Productions, Inc.'s motion to dismiss Cabell's claim to cancel its federal
caption: The Mark of Zorro (1920), starring Douglas Fairbanks, is out of copyright
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