As I have previously discussed, the 7th circuit declared earlier this year that the character of Sherlock Holmes is public domain. However, an intellectual property case with similar facts regarding the character of Zorro did not come out the same. After Zorro Productions Inc. (ZPI) inherited Zorro related rights, they began licensing use of the character, which resulted in projects such as the Zorro film that starred Antonio Banderas. Playwright, Robert Cabell, brought suit seeking declaratory judgment from a Washington district court that his play “Z—The Musical of Zorro” was not an infringement of rights held by ZPI. Due to the plays production taking place in Germany, the case was dismissed for lack of jurisdiction resulting in Zorro failing to join Sherlock Holmes in the public domain.
See Eriq Gardner, Judge Nixes Playwright’s Bid to Free ‘Zorro’ From Intellectual Property Grip, The Hollywood Reporter, Oct. 29, 2014.
