January 26, 2026 • 32 mins
Can you copyright a horoscope, enhance a century-old tarot deck and claim protection, or assign your stage name and lose it in court? We open the year by charting the legal sky where creativity, belief, and branding intersect—and sometimes collide. From a syndicated astrologer’s claim that near-identical forecasts kept running without a license, to a software company’s short-lived effort to assert control over historical time zone data, we unpack the crucial line between ideas and expression, facts and creativity, public domain and protectable derivative work.
We also step into the studio with the icons. The Walter Mercado saga reveals how a personal brand can be transformed into a trademark owned by someone else, with lasting consequences for the artist behind it. Along the way, we explore what separates simple restoration from original creativity in tarot publishing, why databases of raw facts remain free for all, and how small wording choices in daily horoscopes can carry real legal weight. The thread tying it all together: the cosmos is shared; the way we package it is not.
Expect practical takeaways for creators, publishers, and entrepreneurs: register original writing, document design decisions, start from public-domain sources rather than competitors’ upgrades, and read every clause before assigning names, logos, or likenesses. If you’re building an astrology app, launching a zodiac product line, or reviving classic esoteric art, this deep dive will help you navigate trademarks, copyrights, and contracts without dimming your creative light.
Enjoy the episode? Follow the show, share it with a friend who loves law or the stars, and leave a quick review to help others find us. What boundary do you think should exist between shared culture and private ownership? Tell us—your take might shape a future episode.
Check out "Protection for the Inventive Mind" – available now on Amazon in print and Kindle formats.
The views and opinions expressed (by the host and guest(s)) in this podcast are strictly their own and do not necessarily reflect the official policy or position of the entities with which they may be affiliated. This podcast should in no way be construed as promoting or criticizing any particular government policy, institutional position, private interest or commercial entity. Any content provided is for informational and educational purposes only.
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Artemisa (00:00):
We are at the start of Aquarius season.
A good time for invention,disruption, and asking strange
questions, like whether you cantrademark a zodiac candleline
called Scorpio sunrise, orcopyright your weekly
horoscopes, or sue someone forcopying your astrology app's
birth chart system.
Can you own a star sign?
(00:21):
Can someone really claimintellectual property over the
moon's placement?
The concept of Mercuryretrograde or the personality of
a Leo?
Apparently, yes.
Or at least they've tried.
And if you're wondering, yes,this whole episode might be a
Pisces idea, which explains alot.
(00:42):
Today on Intangibilia,horoscopes, tenor, astrology
software, and the legal battleswhere celestial symbols crash
into copyright law.
This isn't about belief, it'sabout ownership.
And what happens when someonelooks up at the stars and says,
That's mine.
Speaker 1 (01:02):
You are listening to Intangibilia, the podcast of
intangible law.
Plain tug about intellectualproperty.
Please welcome your host,Leticia Caminero.
Leticia AI (01:13):
Welcome to our first episode of the year.
We're starting with the Zodiacbecause this is the month when
everyone's thinking about thefuture.
A fresh calendar, a littlecosmic guidance.
What better time for somelegally infused fortune telling?
Welcome back to Intangibilia,the podcast where we explore how
intellectual property lawcollides with creativity,
(01:35):
technology, and the stories wetell ourselves.
I'm Leticia Caminero.
Artemisa (01:40):
And I'm Artemisa.
New Year, New Voice.
Today we're entering a spacewhere mythology, branding, and
belief all get tangled up inlegal arguments.
Horoscopes, tarot decks,astrology apps, zodiac themed
product lines.
People are claiming ownershipover them.
And the courts, sometimes theyagree.
(02:02):
No crystal balls, no planets inalignment, just copyright
claims, cease and desistletters, and trademark
registrations.
It's mysticism with a papertrail.
Leticia AI (02:15):
Quick reminder before we begin
was created with the assistanceof artificial intelligence.
All legal analysis, structure,and final editorial decisions
are human-led.
Now let's look to the starsthrough the lens of the law.
Let's start small, newspapersmall, horoscopes.
(02:39):
You've seen them at the back ofmagazines or in your daily
feed.
Pisces, be cautious today.
Leo, fortune's headed your way.
They seem casual, evendisposable.
But one Canadian astrologershowed they're also
copyrightable.
Artemisa (02:53):
Christine Davison wrote horoscopes syndicated by a
licensing agency to newspapersacross Canada.
In 2011, her words keptappearing in one major newspaper
chain even after their contractended.
Except she wasn't getting paid,and the texts were suspiciously
similar to hers.
Leticia AI (03:12):
Her team sued.
The claim that the paper liftedhoroscope material from her
earlier work or from a websitewhere she posted similar
content, then kept publishing itunder her name.
Essentially, same vibe, sameformat, allegedly the same
phrasing, just no license.
Artemisa (03:31):
So wait, they booted her, then recycled her own star
forecasts without asking.
That's a cosmic betrayal.
Leticia AI (03:39):
The lawsuit leaned on a key IP principle.
You can't copyright generalideas like Mercury retrograde
causes delays.
But you can copyright how youwrite about it.
Davison's style, word choices,and phrasing, those were
original expressions.
Artemisa (03:55):
It didn't go to trial, so we don't have a court
ruling, but it raised the flag,yes, horoscopes are
entertainment.
But they're also authoredwriting.
And the law protects creativewriting, even if it's predicting
your love life based on themoon.
Leticia AI (04:11):
Bottom line, if you copy someone's exact horoscope
text, it's not just plagiarism.
It's potentially copyrightinfringement.
Even if it's mystical, it'sstill authored content.
Artemisa (04:22):
Now for something more technical, time itself.
Because what's astrologywithout precise timing?
That's where software comes in.
Leticia AI (04:31):
In 2011, a company called AstroLabe, known for its
astrology software, sued themaintainers of the public time
zone database, the thing thathelps computers know what time
it is in different parts of theworld.
Their claim that the databasehad copied data from their
proprietary astrology atlas.
Artemisa (04:50):
Wait, they tried to copyright the time of day?
Leticia AI (04:53):
Not the time itself, but the historical time zone
information.
Like when certain countrieschanged daylight saving rules,
AstroLabe had spent yearscompiling it for astrologers.
But that's the catch.
Factual data, like time zoneshifts, isn't copyrightable.
The lawsuit was widelycriticized.
Artemisa (05:11):
The Electronic Frontier Foundation even stepped
in to defend the database team.
They called the lawsuit anattempt to monopolize public
data.
And thankfully, Astrolabedropped the case soon after.
Leticia AI (05:24):
It's a good reminder.
Copyright protects creativity,not raw facts.
The way you write aboutsomething, sure.
But not the thing itself.
You can't own time, no matterwhat your rising sign says.
Artemisa (05:37):
A cosmic miscalculation, legally
speaking, tarot time.
You've probably seen theclassic ride await deck, The
Fool, the Hermit, Death.
It's over a hundred years old,and the original illustrations
are in the public domain.
But what if you digitallyenhance those images and sell
your own version?
Leticia AI (05:56):
That's the question at the heart of a dispute
between two companies, SirenImports and VHNS.
Siren sells a version of theRiderweight deck with updated
colors, cleaned up lines, andsome new graphic elements.
Then VHNS released their ownedition and Siren cried copycat.
Artemisa (06:14):
Siren claimed that VHNS wasn't just using the
original public domain art, butwas copying Siren's
enhancements, like their colorchoices and layout.
VHNS argued back, no, we juststarted from the same public
domain base.
You don't own color correction.
Leticia AI (06:33):
And here's where copyright law steps in again.
Simple restoration or tweaksmight not be enough to create a
new protectable work.
The courts look for a modicumof creativity, not effort,
creativity.
Artemisa (06:47):
So if you just cleaned up old art, that's not
protectable.
But if you added new designflourishes or redrew parts in a
distinctive way, that might be.
Leticia AI (06:56):
This case is still ongoing in the US Copyright
Claims Board.
It's small claims IP court, butthe issue is big.
When does a refresh of publicdomain art become original
enough to protect?
Artemisa (07:08):
It's a modern publishing standoff, mystical
edition.
And it shows how old symbolscan still spark new disputes.
Speaker 1 (07:17):
Intangibilia, the podcast of intangible law.
Plain tug about intellectualproperty.
Leticia AI (07:24):
Walter Mercado was a cultural phenomenon.
A Puerto Rican astrologerturned TV icon whose flamboyant
capes and daily horoscopesbecame a staple of Latino
households.
Artemisa (07:43):
He was the voice of comfort and glittery wisdom
across the Americas.
Leticia AI (07:47):
Mercado built a brand around his mystique.
He even took the stage nameShanti Ananda later on, but for
most of his career he was simplyWalter Mercado, synonymous with
Heartfelt Astrology.
Artemisa (08:02):
A name like that was his trademark.
Leticia AI (08:04):
And legally it was a trademark.
In June 1995, Walter Mercadosigned a contract with Bart
Enterprises International, aproduction company.
Under that deal, he assignedthe rights to the Walter Mercado
trademark, his name andlikeness to Bart Enterprises.
In plain terms, Bart got theright to produce and sell any
(08:25):
material using his brand.
In exchange, Walter waspromised regular payments,
$25,000 a month plus allowances.
Artemisa (08:34):
So he essentially gave them his identity.
Leticia AI (08:38):
Yes.
The courts later emphasized itwasn't a temporary license but
an assignment in perpetuity.
Bart became the legal owner ofthe trademark.
Walter's name wasn't on loan,he literally handed over the
keys to his own brand.
Artemisa (08:51):
That sounds like selling the steering wheel of
your car and then being told youcan't drive it.
Leticia AI (08:56):
Exactly.
And that's what happened.
For about eleven years, thepartnership ran smoothly.
Then, around 2006, things fellapart.
Walter stopped producingcontent, and Bart stopped
paying.
Walter claimed unpaid fees andtried to terminate the contract.
Bart countered that he hadbreached the agreement by
(09:17):
walking away.
Soon both sides were in court,Bart suing in Florida and Walter
countersuing in Puerto Rico.
Artemisa (09:26):
Uproar in the cosmos.
How did the court see it?
Leticia AI (09:29):
The Florida jury found that Bart did not breach
the contract, but Walter had byabandoning it.
More crucially, both thedistrict judge and the First
Circuit Court held that Walterhad no valid termination.
Since he hadn't fulfilled hisobligations, Bart was relieved
of payment.
And because the assignmenthadn't been undone, Bart still
(09:51):
owned the trademark.
Artemisa (09:53):
That sounds cruel.
Did the courts actually bar himfrom using his own name?
Leticia AI (09:59):
They did.
Because Bart had a legalassignment of the Walter Mercado
name and no valid terminationhad occurred, the court issued
an injunction barring Walterfrom using his own stage name in
commerce.
The judge ruled that continueduse of the name would likely
cause confusion among thepublic.
Artemisa (10:17):
So he was legally Walterless.
Leticia AI (10:20):
It was that stark.
At one point, the court evenquoted the lyrics from Aquarius,
when the moon is in the seventhhouse, peace will guide the
planets, and said there was nopeace and love between these
parties.
Artemisa (10:33):
Wow.
So he went public as ShantiAnanda to get around it.
Leticia AI (10:37):
Yes, he adopted Shanti Ananda, a spiritual name
he had chosen earlier.
But it was tough.
The new name didn't carry thebrand recognition, and legally
he couldn't promote or profitfrom his old identity.
Artemisa (10:50):
In the end, what's the tally?
Leticia AI (10:53):
The case ended in 2012 with the court ruling
against Walter.
Bart Enterprises retained thetrademark rights.
No settlement gave him backcontrol.
Legally, he could not useWalter Mercado in a commercial
context.
Bart even held registeredtrademarks in the US and Mexico
under that name.
Artemisa (11:11):
That's devastating.
I'm for a legend of astrology.
Leticia AI (11:15):
It is.
Culturally, he remainedbeloved, but legally it was a
cautionary tale.
A public figure's name canbecome intellectual property.
If you assign your name andlikeness as a trademark, courts
will uphold that assignment.
Your identity, in legal terms,can be owned by someone else.
Artemisa (11:32):
In other words, astrology itself isn't owned.
Anyone can practice it.
But your personal style andname, that's like copyrighted
capes and registered titles inthe legal universe.
Leticia AI (11:44):
Precisely.
Walter's case shows howtrademarks and contracts can
define or destroy a personalbrand.
It also highlights theimportance of understanding the
long-term consequences ofassigning IP rights.
Artemisa (12:00):
The stars didn't align for him.
A bittersweet lesson.
Even in astrology, earthlycontracts rule the sky.
Leticia AI (12:08):
Walter Mercado remains a cultural icon, with
his portrait even housed in theSmithsonian.
But legally, the name he madefamous belonged to someone else
for years.
Artemisa (12:19):
His legacy lives in our hearts and horoscopes, even
if a judge decided who got touse the name on the marquee.
Leticia AI (12:26):
So can you own the zodiac?
Not the stars themselves, ofcourse.
But how you write about them,how you package them, the decks,
the designs, the names, thesoftware, all of that lives in
the realm of intellectualproperty.
Artemisa (12:39):
It's wild, right?
Something as old as theconstellations, older than
courts, older than copyright,now sits at the heart of
trademark disputes and licensingdeals.
Leticia AI (12:50):
What these cases show us is that belief and
branding can overlap.
The moon doesn't belong toanyone, but the phrase moon
manifestation method trademark,that might.
Artemisa (13:02):
Whether it's a daily horoscope, a mystical mobile
app, or Walter Mercado's stagename, the same question keeps
coming up.
Where does shared culture endand private ownership begin?
Leticia AI (13:16):
As we start a new year under a new sky, that
question feels especiallytimely.
Intellectual property lawwasn't written with astrologers
or tarot readers in mind, butthey're here, creating,
publishing, protecting theirwork.
Artemisa (13:29):
And sometimes fighting over it.
Leticia AI (13:32):
We hope this episode helped you see IP law a little
differently.
Whether you're a skeptic or atrue believer, one thing's
clear.
Artemisa (13:44):
Thanks for joining us under the stars, legally
speaking.
Leticia AI (13:48):
We'll be back soon with more collisions between
law, creativity, and culture.
Until then, protect yourrights, read the terms, and
maybe double check your risingsign.
Artemisa (13:58):
And if Mercury is in retrograde, make a backup.
Leticia AI (14:02):
See you next time on Intangiblia.
One, horoscopes may seemephemeral, but if they're
written with originality,they're protected.
Copy them too closely, and youmight end up in court.
Artemisa (14:15):
2.
You can't copyright facts ortime itself, but the way you
present them matters.
Even a time zone database canbecome the center of a legal
storm if the data is claimed asproprietary.
Leticia AI (14:57):
3.
Public domain isn't afree-for-all.
If you enhance or remixsomething old, make sure you add
real creative value.
Color correction alone mightnot cut it.
Artemisa (15:08):
4.
Your name and image aren't justpersonal, they can be
trademarks.
And once assigned in acontract, you might not be able
to take them back, even ifthey're yours in spirit.
Leticia AI (15:19):
5.
Intellectual property law canfeel distant from mysticism, but
it shapes the way modernspirituality is packaged, sold,
and protected.
The stars may guide us, but thepaperwork holds the power.
That wraps our first episode ofthe year.
If you enjoyed this look at theintersection of IP and the
Zodiac, share it with a friendor your astrologer.
Artemisa (15:42):
And if you're planning to launch your own cosmic brand
this year, maybe talk to alawyer before you print the
mugs.
Leticia AI (15:48):
You can find show notes, episode transcripts, and
references at intangibilia.com.
And as always, we'd love tohear your thoughts, questions,
or zodiac themed legal dilemmas.
Artemisa (15:59):
Send us a message.
Preferably not during Mercuryretrograde, but we'll take our
chances.
Leticia AI (16:04):
Until next time, stay creative, stay curious, and
remember, even the stars need acopyright notice.
Bah and as the great WalterMakado would say, mucho, mucho
amor.
Intro.
Letitia, welcome to our firstepisode of the year.
We're starting with the zodiacbecause this is the month when
everyone's thinking about thefuture, a fresh calendar, a
(16:26):
little cosmic guidance, whatbetter time for some legally
infused fortune telling?
Welcome back to Intangiblia,the podcast where we explore how
intellectual property lawcollides with creativity,
technology, and the stories wetell ourselves.
I'm Leticia Caminero, Artemisa,and I'm Artemisa.
Today we're entering a spacewhere mythology, branding, and
(16:49):
belief all get tangled up inlegal arguments.
Horoscopes, tarot decks,astrology apps, zodiac themed
product lines, people areclaiming ownership over them.
And the courts, sometimes theyagree.
No crystal balls, no planets inalignment, just copyright
claims, cease and desistletters, and trademark
registrations.
(17:09):
It's mysticism with a papertrail.
AI disclaimer.
Leticia, quick reminder beforewe begin.
This episode was created withthe assistance of artificial
intelligence.
All legal analysis, structure,and final editorial decisions
are human-led.
Now, let's look to the starsthrough the lens of the law.
(17:31):
Segment legal cases Horoscopeson Trial.
Letitia Let's Start Small.
Newspaper small horoscopes.
You've seen them at the back ofmagazines or in your daily
feed.
Pisces, be cautious today.
Leo, fortune's headed your way.
(17:52):
They seem casual, evendisposable, but one Canadian
astrologer showed they're alsocopyrightable.
Artemisa.
Christine Davison wrotehoroscopes syndicated by a
licensing agency to newspapersacross Canada.
In 2011, her words keptappearing in one major newspaper
chain even after their contractended, except she wasn't
(18:15):
getting paid and the texts weresuspiciously similar to hers.
Letitia.
Essentially, same vibe, sameformat, allegedly the same
(18:37):
phrasing, just no license.
Artemisa, so wait, they bootedher, then recycled her own star
forecast without asking?
That's a cosmic betrayal.
Letia.
The lawsuit leaned on a key IPprinciple.
You can't copyright generalideas like Mercury retrograde
causes delays, but you cancopyright how you write about
it.
Davison's style, word choices,and phrasing, those were
(19:01):
original expressions.
Artemisa.
It didn't go to trial, so wedon't have a court ruling, but
it raised the flag.
Yes, horoscopes areentertainment, but they're also
authored writing, and the lawprotects creative writing, even
if it's predicting your lovelife based on the moon.
Letitia.
Bottom line, if you copysomeone's exact horoscope text,
(19:24):
it's not just plagiarism.
It's potentially copyrightinfringement.
Even if it's mystical, it'sstill authored content.
The time zone tango, astrologysoftware meets the law.
Artemisa?
Now for something moretechnical, time itself, because
what's astrology without precisetiming?
That's where software comes in.
(19:45):
Letitia.
In 2011, a company calledAstrolabe, known for its
astrology software, sued themaintainers of the public time
zone database, the thing thathelps computers know what time
it is in different parts of theworld.
Their claim?
That the database had copieddata from their proprietary
(20:06):
astrology atlas.
Artemisa, wait, they tried tocopyright the time of day?
Letitia.
Not the time itself, but thehistorical time zone
information.
Like when certain countrieschanged daylight saving rules.
Astrolabe had spent yearscompiling it for astrologers.
But that's the catch.
Factual data, like time zoneshifts, isn't copyrightable.
(20:27):
The lawsuit was widelycomplicated.
Criticized.
Artemisa, the ElectronicFrontier Foundation even stepped
in to defend the database team.
They called the lawsuit anattempt to monopolize public
data.
And thankfully, Astrolabedropped the case soon after.
Leticia, it's a good reminder.
Copyright protects creativity,not raw facts.
The way you write aboutsomething, sure, but not the
(20:49):
thing itself.
You can't own time, no matterwhat your rising sign says.
Artemisa.
A cosmic miscalculation,legally speaking.
Tarot cards and the publicdomain duel.
Artemisa.
Tarotime, you've probably seenthe classic Rider Wait deck, The
Fool, The Hermit, Death.
It's over a hundred years oldand the original illustrations
(21:10):
are in the public domain, butwhat if you digitally enhance
those images and sell your ownversion, Letitia?
That's the question at theheart of a dispute between two
companies, Siren Imports andVHNS.
Siren sells a version of theRider Wait deck with updated
colors, cleaned up lines, andsome new graphic elements.
Then VHNS released their ownedition and Siren cried copycat.
(21:34):
Artemisa Siren claimed thatVHNS wasn't just using the
original public domain art, butwas copying Siren's
enhancements, like their colorchoices and layout.
VHNS argued back no, we juststarted from the same public
domain base, you don't own colorcorrection, Leticia.
(21:56):
And here's where copyright lawsteps in again.
Simple restoration or tweaksmight not be enough to create a
new protectable work.
The courts look for a modicumof creativity, not effort.
Creativity Artemisa.
So if you just cleaned up oldart, that's not protectable, but
if you added new designflourishes or redrew parts in a
(22:17):
distinctive way, that might be.
Leticia.
This case is still ongoing inthe US Copyright Claims Board,
its small claims IP court.
But the issue is big.
When does a refresh of publicdomain art become original
enough to protect?
Artemisa.
It's a modern publishingstandoff, mystical edition, and
it shows how old symbols canstill spark new disputes.
(22:41):
The case of Walter Mercadoversus Bart Enterprises when the
stars and contracts collide.
Leticia, Walter Mercado was acultural phenomenon, a Puerto
Rican astrologer turned TV iconwhose flamboyant capes and daily
horoscopes became a staple ofLatino households.
(23:01):
Artemisa You all remember myabuela, Tia or Mom tuning in and
hoping Walter's predictionswould guide the family.
He was the voice of comfort andglittery wisdom across the
Americas.
Leticia, Mercado built a brandaround his mystique.
He even took the stage nameShantiananda later on, but for
(23:22):
most of his career he was simplyWalter Mercado, synonymous with
heartfelt astrology.
Artemisa, a name like that washis trademark, Leticia, and
legally it was a trademark.
In June nineteen ninety five,Walter Mercado signed a contract
with Bart EnterprisesInternational, a production
company.
(23:42):
Under that deal, he assignedthe rights to the Walter Mercado
trademark, his name andlikeness to Bart Enterprises.
In plain terms, Bart got theright to produce and sell any
material using his brand.
In exchange, Walter waspromised regular payments.
twenty five thousand dollars amonth plus allowances?
Artemisa.
So he essentially gave them hisidentity.
(24:04):
Leticia.
Yes.
The courts later emphasized itwasn't a temporary license, but
an assignment in perpetuity.
Bart became the legal owner ofthe trademark.
Walter's name wasn't on loan.
He literally handed over thekeys to his own brand.
Artemisa, that sounds likeselling the steering wheel of
your car and then being told youcan't drive it.
(24:26):
Leticia Exactly.
And that's what happened.
For about eleven years thepartnership ran smoothly.
Then around two thousand six,things fell apart.
Walter stopped producingcontent, and Bart stopped
paying.
Walter claimed unpaid fees andtried to terminate the contract.
Bart countered that he hadbreached the agreement by
walking away.
(24:46):
Soon both sides were in court,Bart suing in Florida and Walter
counter suing in Puerto Rico.
Artemisa Uproar in the CosmosHow did the court see it?
Leticia The Florida jury foundthat Bart did not breach the
contract, but Walter had byabandoning it.
More crucially, both thedistrict judge and the first
(25:08):
circuit court held that Walterhad no valid termination.
Since he hadn't fulfilled hisobligations, Bart was relieved
of payment.
And because the assignmenthadn't been undone, Bart still
owned the trademark.
Artemisa.
That sounds cruel.
Did the courts actually bar himfrom using his own name?
Leticia, they did.
(25:29):
Because Bart had a legalassignment of the Walter Mercado
name and no valid terminationhad occurred, the court issued
an injunction barring Walterfrom using his own stage name in
commerce.
The judge ruled that continueduse of the name would likely
cause confusion among thepublic.
Artemisa, so he was legallyWalterless.
Letia, it was that stark.
(25:52):
At one point the court evenquoted the lyrics from Aquarius.
When the moon is in the seventhhouse, peace will guide the
planets, and said there was nopeace and love between these
parties.
Artemisa Wow So he went publicas Shanti Ananda to get around
it.
Letitia Yes, he adopted ShantiAnanda, a spiritual name he had
(26:15):
chosen earlier, but it wastough.
The new name didn't carry thebrand recognition, and legally
he couldn't promote or profitfrom his old identity, Artemisa.
In the end, what's the tally?
Leticia.
The case ended in 2012 with thecourt ruling against Walter.
Bart Enterprises retained thetrademark rights.
(26:35):
No settlement gave him backcontrol.
Legally, he could not useWalter Mercado in a commercial
context.
Bart even held registeredtrademarks in the US and Mexico
under that name.
Artemisa, that's devastatingfor a legend of astrology.
Leticia, it is.
Culturally he remained beloved.
But legally, it was acautionary tale.
(26:58):
A public figure's name canbecome intellectual property.
If you assign your name andlikeness as a trademark, courts
will uphold that assignment.
Your identity in legal termscan be owned by someone else.
Artemisa.
In other words, astrologyitself isn't owned, anyone can
practice it.
But your personal style andname, that's like copyrighted
(27:20):
capes and registered titles inthe legal universe.
Letitia precisely.
Walter's case shows howtrademarks and contracts can
define or destroy a personalbrand.
It also highlights theimportance of understanding the
long term consequences ofassigning IP rights.
Artemisa, the stars didn'talign for him.
(27:40):
A bittersweet lesson, even inastrology, earthly contracts
rule the sky.
Leticia.
Walter Mercado remains acultural icon, with his portrait
even housed in the Smithsonian.
But legally, the name he madefamous belonged to someone else
for years.
Artemisa.
His legacy lives in our heartsand horoscopes, even if a judge
(28:03):
decided who got to use the nameon the marquee.
Conclusion Under the same sky,within the law.
Letitia, so can you own thezodiac?
Not the stars themselves, ofcourse, but how you write about
them, how you package them, thedecks, the designs, the names,
the software, all of that livesin the realm of intellectual
property.
(28:23):
Artemisa.
It's wild, right?
Something as old as theconstellations, older than
courts, older than copyright,now sits at the heart of
trademark disputes and licensingdeals.
Leticia.
What these cases show us isthat belief and branding can
overlap.
The moon doesn't belong toanyone, but the phrase moon
(28:45):
manifestation method trademark,that might Artemisa.
Whether it's a daily horoscope,a mystical mobile app or Walter
Micado's stage name, the samequestion keeps coming up.
Where does shared culture endand private ownership begin?
Leticia, as we start a new yearunder a new sky, that question
(29:06):
feels especially timely.
Intellectual property lawwasn't written with astrologers
or tarot readers in mind, butthey're here, creating,
publishing, protecting theirwork.
Artemisa and sometimes fightingover it.
Leticia, we hope this episodehelped you see IP law a little
differently.
Whether you're a skeptic or atrue believer, one thing's
(29:29):
clear.
Even in matters of fate, thefine print matters.
Artemisa.
Thanks for joining us under thestars, legally speaking.
Leticia, we'll be back soonwith more collisions between
law, creativity, and culture.
Until then, protect yourrights, read the terms, and
maybe double check your risingsign.
(29:49):
Artemisa and if Mercury is inretrograde, make a backup.
Letitia.
See you next time onIntangibilia.
Five takeaways.
Leticia one.
Horoscopes may seem ephemeral,but if they're written with
originality, they're protected.
Copy them too closely and youmight end up in court.
(30:10):
Artemisa two.
You can't copyright facts ortime itself, but the way you
present them matters.
Even a time zone database canbecome the center of a legal
storm if the data is claimed asproprietary.
Leticia.
Public domain isn't afree-for-all.
If you enhance or remixsomething old, make sure you add
(30:32):
real creative value.
Color correction alone mightnot cut it.
Artemisa 4.
Your name and image aren't justpersonal, they can be
trademarks, and once assigned ina contract, you might not be
able to take them back, even ifthey're yours in spirit.
Letitia 5.
Intellectual property law canfeel distant from mysticism, but
(30:55):
it shapes the way modernspirituality is packaged, sold,
and protected.
The stars may guide us, but thepaperwork holds the power.
Final outro.
Letitia.
That wraps our first episode ofthe year.
If you enjoyed this look at theintersection of IP and the
Zodiac, share it with a friendor your astrologer, Artemisa.
(31:16):
And if you're planning tolaunch your own cosmic brand
this year, maybe talk to alawyer before you print the
mugs.
Letitia, you can find shownotes, episode transcripts, and
references at intangible.com.
And as always, we'd love tohear your thoughts, questions,
or zodiac-themed legal dilemmas.
Artemisa, send us a message,preferably not during Mercury
(31:39):
retrograde, but we'll take ourchances.
Letitia, until next time, staycreative, stay curious, and
remember, even the stars need acopyright notice.
Artemisa.
Bye, Letitia.
And as the great Walter Mercadowould say, mucho, mucho amor.
Speaker 1 (31:58):
Thank you for listening to Intangibilia, the
podcast of intangible lum.
Plenty of about intellectualproperty.
Did you like what we talkedtoday?
Please share with your network.
Do you want to learn more aboutintellectual property?
Subscribe now on your favoritepodcast player.
Follow us on Instagram,Facebook, LinkedIn, and Twitter.
(32:18):
Visit our websitewww.infanhelia.com.
Copyright Letizia Caminet O toany too many.
All rights reserve.
This podcast is provided forinformation purposes only.
We are at the start of Aquarius season.
A good time for invention,disruption, and asking strange
questions, like whether you cantrademark a zodiac candleline
called Scorpio sunrise, orcopyright your weekly
horoscopes, or sue someone forcopying your astrology app's
birth chart system.
Can you own a star sign?
(00:21):
Can someone really claimintellectual property over the
moon's placement?
The concept of Mercuryretrograde or the personality of
a Leo?
Apparently, yes.
Or at least they've tried.
And if you're wondering, yes,this whole episode might be a
Pisces idea, which explains alot.
(00:42):
Today on Intangibilia,horoscopes, tenor, astrology
software, and the legal battleswhere celestial symbols crash
into copyright law.
This isn't about belief, it'sabout ownership.
And what happens when someonelooks up at the stars and says,
That's mine.
Speaker 1 (01:02):
You are listening to Intangibilia, the podcast of
intangible law.
Plain tug about intellectualproperty.
Please welcome your host,Leticia Caminero.
Leticia AI (01:13):
Welcome to our first episode of the year.
We're starting with the Zodiacbecause this is the month when
everyone's thinking about thefuture.
A fresh calendar, a littlecosmic guidance.
What better time for somelegally infused fortune telling?
Welcome back to Intangibilia,the podcast where we explore how
intellectual property lawcollides with creativity,
(01:35):
technology, and the stories wetell ourselves.
I'm Leticia Caminero.
Artemisa (01:40):
And I'm Artemisa.
New Year, New Voice.
Today we're entering a spacewhere mythology, branding, and
belief all get tangled up inlegal arguments.
Horoscopes, tarot decks,astrology apps, zodiac themed
product lines.
People are claiming ownershipover them.
And the courts, sometimes theyagree.
(02:02):
No crystal balls, no planets inalignment, just copyright
claims, cease and desistletters, and trademark
registrations.
It's mysticism with a papertrail.
Leticia AI (02:15):
Quick reminder before we begin
was created with the assistanceof artificial intelligence.
All legal analysis, structure,and final editorial decisions
are human-led.
Now let's look to the starsthrough the lens of the law.
Let's start small, newspapersmall, horoscopes.
(02:39):
You've seen them at the back ofmagazines or in your daily
feed.
Pisces, be cautious today.
Leo, fortune's headed your way.
They seem casual, evendisposable.
But one Canadian astrologershowed they're also
copyrightable.
Artemisa (02:53):
Christine Davison wrote horoscopes syndicated by a
licensing agency to newspapersacross Canada.
In 2011, her words keptappearing in one major newspaper
chain even after their contractended.
Except she wasn't getting paid,and the texts were suspiciously
similar to hers.
Leticia AI (03:12):
Her team sued.
The claim that the paper liftedhoroscope material from her
earlier work or from a websitewhere she posted similar
content, then kept publishing itunder her name.
Essentially, same vibe, sameformat, allegedly the same
phrasing, just no license.
Artemisa (03:31):
So wait, they booted her, then recycled her own star
forecasts without asking.
That's a cosmic betrayal.
Leticia AI (03:39):
The lawsuit leaned on a key IP principle.
You can't copyright generalideas like Mercury retrograde
causes delays.
But you can copyright how youwrite about it.
Davison's style, word choices,and phrasing, those were
original expressions.
Artemisa (03:55):
It didn't go to trial, so we don't have a court
ruling, but it raised the flag,yes, horoscopes are
entertainment.
But they're also authoredwriting.
And the law protects creativewriting, even if it's predicting
your love life based on themoon.
Leticia AI (04:11):
Bottom line, if you copy someone's exact horoscope
text, it's not just plagiarism.
It's potentially copyrightinfringement.
Even if it's mystical, it'sstill authored content.
Artemisa (04:22):
Now for something more technical, time itself.
Because what's astrologywithout precise timing?
That's where software comes in.
Leticia AI (04:31):
In 2011, a company called AstroLabe, known for its
astrology software, sued themaintainers of the public time
zone database, the thing thathelps computers know what time
it is in different parts of theworld.
Their claim that the databasehad copied data from their
proprietary astrology atlas.
Artemisa (04:50):
Wait, they tried to copyright the time of day?
Leticia AI (04:53):
Not the time itself, but the historical time zone
information.
Like when certain countrieschanged daylight saving rules,
AstroLabe had spent yearscompiling it for astrologers.
But that's the catch.
Factual data, like time zoneshifts, isn't copyrightable.
The lawsuit was widelycriticized.
Artemisa (05:11):
The Electronic Frontier Foundation even stepped
in to defend the database team.
They called the lawsuit anattempt to monopolize public
data.
And thankfully, Astrolabedropped the case soon after.
Leticia AI (05:24):
It's a good reminder.
Copyright protects creativity,not raw facts.
The way you write aboutsomething, sure.
But not the thing itself.
You can't own time, no matterwhat your rising sign says.
Artemisa (05:37):
A cosmic miscalculation, legally
speaking, tarot time.
You've probably seen theclassic ride await deck, The
Fool, the Hermit, Death.
It's over a hundred years old,and the original illustrations
are in the public domain.
But what if you digitallyenhance those images and sell
your own version?
Leticia AI (05:56):
That's the question at the heart of a dispute
between two companies, SirenImports and VHNS.
Siren sells a version of theRiderweight deck with updated
colors, cleaned up lines, andsome new graphic elements.
Then VHNS released their ownedition and Siren cried copycat.
Artemisa (06:14):
Siren claimed that VHNS wasn't just using the
original public domain art, butwas copying Siren's
enhancements, like their colorchoices and layout.
VHNS argued back, no, we juststarted from the same public
domain base.
You don't own color correction.
Leticia AI (06:33):
And here's where copyright law steps in again.
Simple restoration or tweaksmight not be enough to create a
new protectable work.
The courts look for a modicumof creativity, not effort,
creativity.
Artemisa (06:47):
So if you just cleaned up old art, that's not
protectable.
But if you added new designflourishes or redrew parts in a
distinctive way, that might be.
Leticia AI (06:56):
This case is still ongoing in the US Copyright
Claims Board.
It's small claims IP court, butthe issue is big.
When does a refresh of publicdomain art become original
enough to protect?
Artemisa (07:08):
It's a modern publishing standoff, mystical
edition.
And it shows how old symbolscan still spark new disputes.
Speaker 1 (07:17):
Intangibilia, the podcast of intangible law.
Plain tug about intellectualproperty.
Leticia AI (07:24):
Walter Mercado was a cultural phenomenon.
A Puerto Rican astrologerturned TV icon whose flamboyant
capes and daily horoscopesbecame a staple of Latino
households.
Artemisa (07:43):
He was the voice of comfort and glittery wisdom
across the Americas.
Leticia AI (07:47):
Mercado built a brand around his mystique.
He even took the stage nameShanti Ananda later on, but for
most of his career he was simplyWalter Mercado, synonymous with
Heartfelt Astrology.
Artemisa (08:02):
A name like that was his trademark.
Leticia AI (08:04):
And legally it was a trademark.
In June 1995, Walter Mercadosigned a contract with Bart
Enterprises International, aproduction company.
Under that deal, he assignedthe rights to the Walter Mercado
trademark, his name andlikeness to Bart Enterprises.
In plain terms, Bart got theright to produce and sell any
(08:25):
material using his brand.
In exchange, Walter waspromised regular payments,
$25,000 a month plus allowances.
Artemisa (08:34):
So he essentially gave them his identity.
Leticia AI (08:38):
Yes.
The courts later emphasized itwasn't a temporary license but
an assignment in perpetuity.
Bart became the legal owner ofthe trademark.
Walter's name wasn't on loan,he literally handed over the
keys to his own brand.
Artemisa (08:51):
That sounds like selling the steering wheel of
your car and then being told youcan't drive it.
Leticia AI (08:56):
Exactly.
And that's what happened.
For about eleven years, thepartnership ran smoothly.
Then, around 2006, things fellapart.
Walter stopped producingcontent, and Bart stopped
paying.
Walter claimed unpaid fees andtried to terminate the contract.
Bart countered that he hadbreached the agreement by
(09:17):
walking away.
Soon both sides were in court,Bart suing in Florida and Walter
countersuing in Puerto Rico.
Artemisa (09:26):
Uproar in the cosmos.
How did the court see it?
Leticia AI (09:29):
The Florida jury found that Bart did not breach
the contract, but Walter had byabandoning it.
More crucially, both thedistrict judge and the First
Circuit Court held that Walterhad no valid termination.
Since he hadn't fulfilled hisobligations, Bart was relieved
of payment.
And because the assignmenthadn't been undone, Bart still
(09:51):
owned the trademark.
Artemisa (09:53):
That sounds cruel.
Did the courts actually bar himfrom using his own name?
Leticia AI (09:59):
They did.
Because Bart had a legalassignment of the Walter Mercado
name and no valid terminationhad occurred, the court issued
an injunction barring Walterfrom using his own stage name in
commerce.
The judge ruled that continueduse of the name would likely
cause confusion among thepublic.
Artemisa (10:17):
So he was legally Walterless.
Leticia AI (10:20):
It was that stark.
At one point, the court evenquoted the lyrics from Aquarius,
when the moon is in the seventhhouse, peace will guide the
planets, and said there was nopeace and love between these
parties.
Artemisa (10:33):
Wow.
So he went public as ShantiAnanda to get around it.
Leticia AI (10:37):
Yes, he adopted Shanti Ananda, a spiritual name
he had chosen earlier.
But it was tough.
The new name didn't carry thebrand recognition, and legally
he couldn't promote or profitfrom his old identity.
Artemisa (10:50):
In the end, what's the tally?
Leticia AI (10:53):
The case ended in 2012 with the court ruling
against Walter.
Bart Enterprises retained thetrademark rights.
No settlement gave him backcontrol.
Legally, he could not useWalter Mercado in a commercial
context.
Bart even held registeredtrademarks in the US and Mexico
under that name.
Artemisa (11:11):
That's devastating.
I'm for a legend of astrology.
Leticia AI (11:15):
It is.
Culturally, he remainedbeloved, but legally it was a
cautionary tale.
A public figure's name canbecome intellectual property.
If you assign your name andlikeness as a trademark, courts
will uphold that assignment.
Your identity, in legal terms,can be owned by someone else.
Artemisa (11:32):
In other words, astrology itself isn't owned.
Anyone can practice it.
But your personal style andname, that's like copyrighted
capes and registered titles inthe legal universe.
Leticia AI (11:44):
Precisely.
Walter's case shows howtrademarks and contracts can
define or destroy a personalbrand.
It also highlights theimportance of understanding the
long-term consequences ofassigning IP rights.
Artemisa (12:00):
The stars didn't align for him.
A bittersweet lesson.
Even in astrology, earthlycontracts rule the sky.
Leticia AI (12:08):
Walter Mercado remains a cultural icon, with
his portrait even housed in theSmithsonian.
But legally, the name he madefamous belonged to someone else
for years.
Artemisa (12:19):
His legacy lives in our hearts and horoscopes, even
if a judge decided who got touse the name on the marquee.
Leticia AI (12:26):
So can you own the zodiac?
Not the stars themselves, ofcourse.
But how you write about them,how you package them, the decks,
the designs, the names, thesoftware, all of that lives in
the realm of intellectualproperty.
Artemisa (12:39):
It's wild, right?
Something as old as theconstellations, older than
courts, older than copyright,now sits at the heart of
trademark disputes and licensingdeals.
Leticia AI (12:50):
What these cases show us is that belief and
branding can overlap.
The moon doesn't belong toanyone, but the phrase moon
manifestation method trademark,that might.
Artemisa (13:02):
Whether it's a daily horoscope, a mystical mobile
app, or Walter Mercado's stagename, the same question keeps
coming up.
Where does shared culture endand private ownership begin?
Leticia AI (13:16):
As we start a new year under a new sky, that
question feels especiallytimely.
Intellectual property lawwasn't written with astrologers
or tarot readers in mind, butthey're here, creating,
publishing, protecting theirwork.
Artemisa (13:29):
And sometimes fighting over it.
Leticia AI (13:32):
We hope this episode helped you see IP law a little
differently.
Whether you're a skeptic or atrue believer, one thing's
clear.
Artemisa (13:44):
Thanks for joining us under the stars, legally
speaking.
Leticia AI (13:48):
We'll be back soon with more collisions between
law, creativity, and culture.
Until then, protect yourrights, read the terms, and
maybe double check your risingsign.
Artemisa (13:58):
And if Mercury is in retrograde, make a backup.
Leticia AI (14:02):
See you next time on Intangiblia.
One, horoscopes may seemephemeral, but if they're
written with originality,they're protected.
Copy them too closely, and youmight end up in court.
Artemisa (14:15):
2.
You can't copyright facts ortime itself, but the way you
present them matters.
Even a time zone database canbecome the center of a legal
storm if the data is claimed asproprietary.
Leticia AI (14:57):
3.
Public domain isn't afree-for-all.
If you enhance or remixsomething old, make sure you add
real creative value.
Color correction alone mightnot cut it.
Artemisa (15:08):
4.
Your name and image aren't justpersonal, they can be
trademarks.
And once assigned in acontract, you might not be able
to take them back, even ifthey're yours in spirit.
Leticia AI (15:19):
5.
Intellectual property law canfeel distant from mysticism, but
it shapes the way modernspirituality is packaged, sold,
and protected.
The stars may guide us, but thepaperwork holds the power.
That wraps our first episode ofthe year.
If you enjoyed this look at theintersection of IP and the
Zodiac, share it with a friendor your astrologer.
Artemisa (15:42):
And if you're planning to launch your own cosmic brand
this year, maybe talk to alawyer before you print the
mugs.
Leticia AI (15:48):
You can find show notes, episode transcripts, and
references at intangibilia.com.
And as always, we'd love tohear your thoughts, questions,
or zodiac themed legal dilemmas.
Artemisa (15:59):
Send us a message.
Preferably not during Mercuryretrograde, but we'll take our
chances.
Leticia AI (16:04):
Until next time, stay creative, stay curious, and
remember, even the stars need acopyright notice.
Bah and as the great WalterMakado would say, mucho, mucho
amor.
Intro.
Letitia, welcome to our firstepisode of the year.
We're starting with the zodiacbecause this is the month when
everyone's thinking about thefuture, a fresh calendar, a
(16:26):
little cosmic guidance, whatbetter time for some legally
infused fortune telling?
Welcome back to Intangiblia,the podcast where we explore how
intellectual property lawcollides with creativity,
technology, and the stories wetell ourselves.
I'm Leticia Caminero, Artemisa,and I'm Artemisa.
Today we're entering a spacewhere mythology, branding, and
(16:49):
belief all get tangled up inlegal arguments.
Horoscopes, tarot decks,astrology apps, zodiac themed
product lines, people areclaiming ownership over them.
And the courts, sometimes theyagree.
No crystal balls, no planets inalignment, just copyright
claims, cease and desistletters, and trademark
registrations.
(17:09):
It's mysticism with a papertrail.
AI disclaimer.
Leticia, quick reminder beforewe begin.
This episode was created withthe assistance of artificial
intelligence.
All legal analysis, structure,and final editorial decisions
are human-led.
Now, let's look to the starsthrough the lens of the law.
(17:31):
Segment legal cases Horoscopeson Trial.
Letitia Let's Start Small.
Newspaper small horoscopes.
You've seen them at the back ofmagazines or in your daily
feed.
Pisces, be cautious today.
Leo, fortune's headed your way.
(17:52):
They seem casual, evendisposable, but one Canadian
astrologer showed they're alsocopyrightable.
Artemisa.
Christine Davison wrotehoroscopes syndicated by a
licensing agency to newspapersacross Canada.
In 2011, her words keptappearing in one major newspaper
chain even after their contractended, except she wasn't
(18:15):
getting paid and the texts weresuspiciously similar to hers.
Letitia.
Essentially, same vibe, sameformat, allegedly the same
(18:37):
phrasing, just no license.
Artemisa, so wait, they bootedher, then recycled her own star
forecast without asking?
That's a cosmic betrayal.
Letia.
The lawsuit leaned on a key IPprinciple.
You can't copyright generalideas like Mercury retrograde
causes delays, but you cancopyright how you write about
it.
Davison's style, word choices,and phrasing, those were
(19:01):
original expressions.
Artemisa.
It didn't go to trial, so wedon't have a court ruling, but
it raised the flag.
Yes, horoscopes areentertainment, but they're also
authored writing, and the lawprotects creative writing, even
if it's predicting your lovelife based on the moon.
Letitia.
Bottom line, if you copysomeone's exact horoscope text,
(19:24):
it's not just plagiarism.
It's potentially copyrightinfringement.
Even if it's mystical, it'sstill authored content.
The time zone tango, astrologysoftware meets the law.
Artemisa?
Now for something moretechnical, time itself, because
what's astrology without precisetiming?
That's where software comes in.
(19:45):
Letitia.
In 2011, a company calledAstrolabe, known for its
astrology software, sued themaintainers of the public time
zone database, the thing thathelps computers know what time
it is in different parts of theworld.
Their claim?
That the database had copieddata from their proprietary
(20:06):
astrology atlas.
Artemisa, wait, they tried tocopyright the time of day?
Letitia.
Not the time itself, but thehistorical time zone
information.
Like when certain countrieschanged daylight saving rules.
Astrolabe had spent yearscompiling it for astrologers.
But that's the catch.
Factual data, like time zoneshifts, isn't copyrightable.
(20:27):
The lawsuit was widelycomplicated.
Criticized.
Artemisa, the ElectronicFrontier Foundation even stepped
in to defend the database team.
They called the lawsuit anattempt to monopolize public
data.
And thankfully, Astrolabedropped the case soon after.
Leticia, it's a good reminder.
Copyright protects creativity,not raw facts.
The way you write aboutsomething, sure, but not the
(20:49):
thing itself.
You can't own time, no matterwhat your rising sign says.
Artemisa.
A cosmic miscalculation,legally speaking.
Tarot cards and the publicdomain duel.
Artemisa.
Tarotime, you've probably seenthe classic Rider Wait deck, The
Fool, The Hermit, Death.
It's over a hundred years oldand the original illustrations
(21:10):
are in the public domain, butwhat if you digitally enhance
those images and sell your ownversion, Letitia?
That's the question at theheart of a dispute between two
companies, Siren Imports andVHNS.
Siren sells a version of theRider Wait deck with updated
colors, cleaned up lines, andsome new graphic elements.
Then VHNS released their ownedition and Siren cried copycat.
(21:34):
Artemisa Siren claimed thatVHNS wasn't just using the
original public domain art, butwas copying Siren's
enhancements, like their colorchoices and layout.
VHNS argued back no, we juststarted from the same public
domain base, you don't own colorcorrection, Leticia.
(21:56):
And here's where copyright lawsteps in again.
Simple restoration or tweaksmight not be enough to create a
new protectable work.
The courts look for a modicumof creativity, not effort.
Creativity Artemisa.
So if you just cleaned up oldart, that's not protectable, but
if you added new designflourishes or redrew parts in a
(22:17):
distinctive way, that might be.
Leticia.
This case is still ongoing inthe US Copyright Claims Board,
its small claims IP court.
But the issue is big.
When does a refresh of publicdomain art become original
enough to protect?
Artemisa.
It's a modern publishingstandoff, mystical edition, and
it shows how old symbols canstill spark new disputes.
(22:41):
The case of Walter Mercadoversus Bart Enterprises when the
stars and contracts collide.
Leticia, Walter Mercado was acultural phenomenon, a Puerto
Rican astrologer turned TV iconwhose flamboyant capes and daily
horoscopes became a staple ofLatino households.
(23:01):
Artemisa You all remember myabuela, Tia or Mom tuning in and
hoping Walter's predictionswould guide the family.
He was the voice of comfort andglittery wisdom across the
Americas.
Leticia, Mercado built a brandaround his mystique.
He even took the stage nameShantiananda later on, but for
(23:22):
most of his career he was simplyWalter Mercado, synonymous with
heartfelt astrology.
Artemisa, a name like that washis trademark, Leticia, and
legally it was a trademark.
In June nineteen ninety five,Walter Mercado signed a contract
with Bart EnterprisesInternational, a production
company.
(23:42):
Under that deal, he assignedthe rights to the Walter Mercado
trademark, his name andlikeness to Bart Enterprises.
In plain terms, Bart got theright to produce and sell any
material using his brand.
In exchange, Walter waspromised regular payments.
twenty five thousand dollars amonth plus allowances?
Artemisa.
So he essentially gave them hisidentity.
(24:04):
Leticia.
Yes.
The courts later emphasized itwasn't a temporary license, but
an assignment in perpetuity.
Bart became the legal owner ofthe trademark.
Walter's name wasn't on loan.
He literally handed over thekeys to his own brand.
Artemisa, that sounds likeselling the steering wheel of
your car and then being told youcan't drive it.
(24:26):
Leticia Exactly.
And that's what happened.
For about eleven years thepartnership ran smoothly.
Then around two thousand six,things fell apart.
Walter stopped producingcontent, and Bart stopped
paying.
Walter claimed unpaid fees andtried to terminate the contract.
Bart countered that he hadbreached the agreement by
walking away.
(24:46):
Soon both sides were in court,Bart suing in Florida and Walter
counter suing in Puerto Rico.
Artemisa Uproar in the CosmosHow did the court see it?
Leticia The Florida jury foundthat Bart did not breach the
contract, but Walter had byabandoning it.
More crucially, both thedistrict judge and the first
(25:08):
circuit court held that Walterhad no valid termination.
Since he hadn't fulfilled hisobligations, Bart was relieved
of payment.
And because the assignmenthadn't been undone, Bart still
owned the trademark.
Artemisa.
That sounds cruel.
Did the courts actually bar himfrom using his own name?
Leticia, they did.
(25:29):
Because Bart had a legalassignment of the Walter Mercado
name and no valid terminationhad occurred, the court issued
an injunction barring Walterfrom using his own stage name in
commerce.
The judge ruled that continueduse of the name would likely
cause confusion among thepublic.
Artemisa, so he was legallyWalterless.
Letia, it was that stark.
(25:52):
At one point the court evenquoted the lyrics from Aquarius.
When the moon is in the seventhhouse, peace will guide the
planets, and said there was nopeace and love between these
parties.
Artemisa Wow So he went publicas Shanti Ananda to get around
it.
Letitia Yes, he adopted ShantiAnanda, a spiritual name he had
(26:15):
chosen earlier, but it wastough.
The new name didn't carry thebrand recognition, and legally
he couldn't promote or profitfrom his old identity, Artemisa.
In the end, what's the tally?
Leticia.
The case ended in 2012 with thecourt ruling against Walter.
Bart Enterprises retained thetrademark rights.
(26:35):
No settlement gave him backcontrol.
Legally, he could not useWalter Mercado in a commercial
context.
Bart even held registeredtrademarks in the US and Mexico
under that name.
Artemisa, that's devastatingfor a legend of astrology.
Leticia, it is.
Culturally he remained beloved.
But legally, it was acautionary tale.
(26:58):
A public figure's name canbecome intellectual property.
If you assign your name andlikeness as a trademark, courts
will uphold that assignment.
Your identity in legal termscan be owned by someone else.
Artemisa.
In other words, astrologyitself isn't owned, anyone can
practice it.
But your personal style andname, that's like copyrighted
(27:20):
capes and registered titles inthe legal universe.
Letitia precisely.
Walter's case shows howtrademarks and contracts can
define or destroy a personalbrand.
It also highlights theimportance of understanding the
long term consequences ofassigning IP rights.
Artemisa, the stars didn'talign for him.
(27:40):
A bittersweet lesson, even inastrology, earthly contracts
rule the sky.
Leticia.
Walter Mercado remains acultural icon, with his portrait
even housed in the Smithsonian.
But legally, the name he madefamous belonged to someone else
for years.
Artemisa.
His legacy lives in our heartsand horoscopes, even if a judge
(28:03):
decided who got to use the nameon the marquee.
Conclusion Under the same sky,within the law.
Letitia, so can you own thezodiac?
Not the stars themselves, ofcourse, but how you write about
them, how you package them, thedecks, the designs, the names,
the software, all of that livesin the realm of intellectual
property.
(28:23):
Artemisa.
It's wild, right?
Something as old as theconstellations, older than
courts, older than copyright,now sits at the heart of
trademark disputes and licensingdeals.
Leticia.
What these cases show us isthat belief and branding can
overlap.
The moon doesn't belong toanyone, but the phrase moon
(28:45):
manifestation method trademark,that might Artemisa.
Whether it's a daily horoscope,a mystical mobile app or Walter
Micado's stage name, the samequestion keeps coming up.
Where does shared culture endand private ownership begin?
Leticia, as we start a new yearunder a new sky, that question
(29:06):
feels especially timely.
Intellectual property lawwasn't written with astrologers
or tarot readers in mind, butthey're here, creating,
publishing, protecting theirwork.
Artemisa and sometimes fightingover it.
Leticia, we hope this episodehelped you see IP law a little
differently.
Whether you're a skeptic or atrue believer, one thing's
(29:29):
clear.
Even in matters of fate, thefine print matters.
Artemisa.
Thanks for joining us under thestars, legally speaking.
Leticia, we'll be back soonwith more collisions between
law, creativity, and culture.
Until then, protect yourrights, read the terms, and
maybe double check your risingsign.
(29:49):
Artemisa and if Mercury is inretrograde, make a backup.
Letitia.
See you next time onIntangibilia.
Five takeaways.
Leticia one.
Horoscopes may seem ephemeral,but if they're written with
originality, they're protected.
Copy them too closely and youmight end up in court.
(30:10):
Artemisa two.
You can't copyright facts ortime itself, but the way you
present them matters.
Even a time zone database canbecome the center of a legal
storm if the data is claimed asproprietary.
Leticia.
Public domain isn't afree-for-all.
If you enhance or remixsomething old, make sure you add
(30:32):
real creative value.
Color correction alone mightnot cut it.
Artemisa 4.
Your name and image aren't justpersonal, they can be
trademarks, and once assigned ina contract, you might not be
able to take them back, even ifthey're yours in spirit.
Letitia 5.
Intellectual property law canfeel distant from mysticism, but
(30:55):
it shapes the way modernspirituality is packaged, sold,
and protected.
The stars may guide us, but thepaperwork holds the power.
Final outro.
Letitia.
That wraps our first episode ofthe year.
If you enjoyed this look at theintersection of IP and the
Zodiac, share it with a friendor your astrologer, Artemisa.
(31:16):
And if you're planning tolaunch your own cosmic brand
this year, maybe talk to alawyer before you print the
mugs.
Letitia, you can find shownotes, episode transcripts, and
references at intangible.com.
And as always, we'd love tohear your thoughts, questions,
or zodiac-themed legal dilemmas.
Artemisa, send us a message,preferably not during Mercury
(31:39):
retrograde, but we'll take ourchances.
Letitia, until next time, staycreative, stay curious, and
remember, even the stars need acopyright notice.
Artemisa.
Bye, Letitia.
And as the great Walter Mercadowould say, mucho, mucho amor.
Speaker 1 (31:58):
Thank you for listening to Intangibilia, the
podcast of intangible lum.
Plenty of about intellectualproperty.
Did you like what we talkedtoday?
Please share with your network.
Do you want to learn more aboutintellectual property?
Subscribe now on your favoritepodcast player.
Follow us on Instagram,Facebook, LinkedIn, and Twitter.
(32:18):
Visit our websitewww.infanhelia.com.
Copyright Letizia Caminet O toany too many.
All rights reserve.
This podcast is provided forinformation purposes only.
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