Trade mark protection of works of art: Or what is the life expectancy of a mermaid?

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Abstract

The Little Mermaid is the title of a famous fairytale by the Danish author Hans Christian Andersen. In 1913, the mermaid was recreated as a statue by the Danish sculptor Edvard Eriksen and the statue has now become a symbol for Denmark and Danes. The copyright in the statue, which has vigorously been enforced by Eriksen’s heirs, expires in 2029. In this article, we examine whether the mermaid, and in particular the business of the heirs, could have an afterlife in trade mark law.
Original languageEnglish
JournalEuropean Intellectual Property Review
Volume45
Issue number11
Pages (from-to)646-651
Number of pages6
ISSN0142-0461
Publication statusPublished - 2023

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