4 Popular Public Domain Intellectual Properties

Public domain intellectual property refers to creative works no longer protected by copyright, patents, or trademark laws. These works are free for anyone to use, modify, and commercialize without seeking permission from the original creator.

While many businesses may not see themselves as creators of intellectual property (IP), public domain IP can be incredibly valuable for product development, branding, and marketing.

Brands that sell everyday products like food can also tap into public domain IP to boost their bottom line. Take General Mills’ popular cereals—Count Chocula, Franken Berry, and Boo Berry—as an example. These mascots are based on Dracula, Frankenstein, and horror actor Peter Lorre, all of whom are public domain properties. By leveraging these classic figures, General Mills has created memorable products that resonate with consumers without investing in expensive licensing fees.

The key lesson here is that you don’t need to be in the entertainment or publishing industry to benefit from these types of works. You can use these timeless properties to build a brand, attract customers, and differentiate your business from competitors.

If you’re considering using public domain intellectual property, consulting an intellectual property lawyer or intellectual property attorney can make sure you’re navigating the legal aspects correctly. Let’s look at four popular public domain properties that businesses have successfully used.

1. Bram Stoker’s Dracula

Bram Stoker’s Dracula is one of the most adapted public domain works in history. The story of the infamous vampire has found its way into countless films, books, and businesses.

Beyond General Mills’ Count Chocula, Dracula has inspired various public events, such as the Whitby Gothic Weekend and the Royal National Lifeboat Institution’s Dracula Drop bungee jumping event.

In the UK, retailers like Poundland have used Dracula’s voice in self-service checkout machines during Halloween. Hence, whether you’re looking to develop a new product or create a memorable marketing campaign, Dracula remains a rich source of inspiration that continues to captivate audiences.

2. King Arthur

The tales of King Arthur and the Knights of the Round Table are available for use across a wide range of industries. Although King Arthur may seem more suited for books and movies, the public domain IP has been cleverly used by the King Arthur Baking Company to create a successful line of baking products, including pancake and waffle mixes.

The company’s crown logo and its association with the Arthurian legend provide a sense of tradition and quality. By leveraging a well-known figure like King Arthur, the business has established itself as a trusted brand, even though baking isn’t directly connected to the legend.

3. Sherlock Holmes

Sherlock Holmes is one of the most famous literary characters in the world, and many of Sir Arthur Conan Doyle’s detective stories are now in the public domain. Businesses across various sectors have found innovative ways to incorporate Sherlock Holmes into their products.

One notable example is Fashion Pipes, a company that manufactures tobacco pipes. Sherlock Holmes, known for his iconic pipe, has become a key figure in their product designs.

Associating their products with Holmes’ intellectual and sophisticated persona has allowed the brand to appeal to a specific demographic without violating any intellectual property rights. The same principle can be applied to other public domain figures—aligning your product with an iconic character can help create instant brand recognition and add value to your offerings.

4. Peter Pan

J.M. Barrie’s Peter Pan has long been a beloved story for children and adults alike. While Disney’s adaptation of Peter Pan is protected under copyright, the original novel is in the public domain.

For instance, when searching for Peter Pan-themed products on platforms like Amazon, you’ll find a wide range of items—from drink glasses to jewelry—all inspired by the original story. These products frequently feature memorable quotes and imagery that have become synonymous with the Peter Pan tale. As long as creators stick to the source material, they can benefit from the timeless appeal of this iconic character without infringing on Disney’s adaptations.

How Public Domain IP Can Benefit Your Business

As these examples illustrate, public domain intellectual property offers a wealth of opportunities for businesses to differentiate their products and attract customers. From food brands to retail stores, using public domain works creatively can lead to long-term success. However, it’s important to note that while the original works may be in the public domain, modern adaptations or derivative works may still be protected by copyright.

If you’re unsure about the legal boundaries of using public domain IP, consider consulting an intellectual property attorney. They can guide you through the intricacies of IP law, ensuring your business stays compliant while making the most of the available intellectual property.

Contact Emerson Thomson Bennett for Legal Guidance

At Emerson Thomson Bennett, we are experienced in intellectual property law and can help you determine whether a specific public domain IP is suitable for your business. We have extensive experience navigating the intersection of copyright, trademarks, and patents, and are well-equipped to help you leverage public domain works without infringing on protected content.

If you’re ready to explore the potential of public domain intellectual properties, contact our intellectual property lawyers today for a consultation. We’ll guide you through the process, so your business can succeed while staying on the right side of intellectual property law.