03/12/2025
The recently released film Wicked: For Good, produced by Universal, has seen cinemas fully booked, as excitement amongst fans grew in their year long wait for the release of part two of the Wicked musical film adaptation.
Many fans have picked up on the fact that the Dorothy character in Wicked: For Good appears wearing silver shoes, rather than the iconic ruby slippers, which are key to the 1939 The Wizard of Oz film. There are several theories flooding social media – some alleging that Universal were precluded from using red-coloured shoes because of existing trade mark protection or copyright issues based on the 1939 film, which is still protected by copyright in the US, until 2035. Others are suggesting it was purposeful homage to L. Frank Baum’s silver slippers in the original 1900 book The Wonderful Wizard of Oz.
These rumours on social media about possible trade mark issues and their potential impact have caught our attention.
Turner Entertainment, a company owned by Warner Bros (who allegedly own the rights to 1939 film The Wizard of Oz), have protected the word mark RUBY SLIPPERS in a number of territories globally, covering goods including clothing and footwear. Despite our efforts, we’ve been unable to locate any figurative or 3D trade mark registrations owned by Turner Entertainment or a related company for the look of the iconic ruby slippers.
Protecting 3D shapes as trade marks for the products of interest isn’t as simple as a click of the heels – in the UK and EU this no easy task.
There are several limitations on what can qualify as a protectable 3D trade mark. Most notably, the shape must differ from the norms and customs of the sector; if it’s considered a generic or commonplace shape, it cannot serve as a distinctive trade mark capable of indicating origin. So, seeking to register the shape and colour of ruby slippers as a 3D trade mark for shoes would be challenging.
What Warner Bros can do with their word mark protection for RUBY SLIPPERS is prevent others from using the term RUBY SLIPPERS or anything confusingly similar for the same or similar goods covered by their registrations. So, use of the trade mark RUBY SLIPPERS for a shoe brand would be an infringement of their registered trade mark rights.
It’s interesting to see the trade mark theories circulating on social media about Wicked: For Good. It’s a reminder of the public’s interest in brand protection.
This article is for general information only. Its content is not a statement of the law on any subject and does not constitute advice. Please contact Reddie & Grose LLP for advice before taking any action in reliance on it.
