We have done our fair share of trademark watching when it comes to The Walt Disney Company, and that includes disputes that arise over them as well, whichever side of the issue Disney happens to be on. Because trademark ownership requires companies take action when they feel their trademarks are potentially infringed upon, we tend to chalk most of them up to business as usual and ignore them. Sometimes we don’t. The vast majority of disputes are also usually over words. Don’t — for example — attempt to trademark anything with the word Monster in it unless you enjoy raging legal battles.
One might imagine it should not be too difficult for one describe the infamous Wicked Witch of the West from L. Frank Baum’s iconic Oz series, beginning with The Wonderful Wizard of Oz. In fact, one could probably close one’s eyes and simultaneously click one’s heels three times whilst describing her to a T. Whether it’s Theodora from Disney’s Oz the Great and Powerful or Elphaba from Gregory Maguire’s Wicked series/Broadway musical, one would instantly recognize the Wicked Witch by her green flesh, pointy black hat and broomstick upon which she travels. Her green complexion is so identifiable with her, that it’s even a significant plot device in Maguire’s books.