The Muppets: From An IP Perspective

Unless you have been living under a rock for the past 60 years, we are assuming you have heard about The Muppets. Patents, copyright and trademark play a role in the protection of The Muppets, including the various characters and creatures associated with them. This intellectual property protects Kermit the Frog, one of the most celebrated puppet characters of the past half-century. The most heartening fact about the popularity of The Muppets remains that it allowed its humble creators, Jim Henson and Jane Henson, to protect their work and make the most of it.

In essence, the success of The Muppets also represents the success of IP, the beacon of innovation that ensures humble creators, such as Jim, continue to reap returns for their artistic integrity and creativity. In this article, we intend to turn back the clock and assess the role IP played for Jim, and his creation - The Muppets.

The Filing of the Patent

The Muppets and IP go back a long time. It was back in 1958 that Henson filed his application for a ‘design patent’. To be more precise, the application was marked for the puppet doll’s ornamental design or for any similar article as described in the application. It was that description that had the peculiar characteristics of Kermit the Frog, who was already a recognizable face amongst the audience, through the 1955 show Sam and Friends. Design patents remain distinctly underutilized today; special credit for seeking the right protection goes to Jim for applying for a design patent.

The Disney Acquisition

Disney, with IP rights to several other characters and other celebrated shows of the period, displayed interest in acquiring the IP for The Muppets. Finally in 2004, fourteen years after the beginning of the initial rounds of discussion, Disney purchased all IP rights pertaining to The Muppets and Bear in the Blue House characters from the Jim Henson Company for $75 million USD. This is when Disney also founded The Muppets Holding Company, which was later renamed as The Muppets Studio.

The Current Day – Other IP Rights

A man intelligent enough to create one of the most celebrated children’s education programmes also had a good understanding of how intellectual property works. While registered trademarks for crucial terms such as "The Muppets", "The Muppets Show", and "Kermit the Frog" rests with safety, attributed to Muppets Studio LLC., the Jim Henson Company retains the rights to other productions that feature the Muppets characters now owned by Disney. Some of these productions include The Christmas Toy, Sesame Street: 20 and Still Counting, and Henson’s Place among others.

The key takeaway from an IP perspective is that the value in the realm of intellectual property is derived from proper protection of your rights. The reason why the Hensons’ IP was valued so highly was that the rights remained intact and protected for the longest period of time. We have an IP system that rewards groundbreaking innovation and creativity. However, your ability to protect your intellectual property strictly hinges on the quality of your representation. After all, the extent of the rights you have to your (future) intellectual property is directly related to how you frame your patent or trademark application. Contact us for guidance through the protection of your IP.