Copyright and Trademark
The copyright and trademark status of the Zorro character and stories are disputed.
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 that "The unauthorized, unlicensed use of the name, character and/or likeness of 'Zorro' is an infringement and a violation of state and federal laws."
One such dispute was 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. Sony and TriStar had paid licensing fees to Zorro Productions, Inc., related to the 1998 film The Mask of Zorro. Queen of Swords was a 2000–2001 television series set in Spanish California during the early 19th century and featuring a protagonist who wore a black costume with a red sash demonstrating many aspects of the Zorro character including the swordfighting skills of the rapier and dagger, the dagger in the boot, 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."
This lawsuit was settled out of court in 2002.
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 with "each party shall bear its own costs incurred in connection with this action, including its attorney’s fees and costs" on August 13, 2010.
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