Julia Donaldson and Axel Scheffler didn’t stop at traditional copyright protection, which in the UK arises automatically upon the creation of a work. With considerable foresight, they registered their Gruffalo character as a trademark, creating a double layer of legal protection. This approach is an excellent example of integrating different aspects of intellectual property. Copyright protects the specific creative expression – in this case, the original story and illustrations – while the trademark safeguards the recognizable brand and image that the Gruffalo represents. This two-pronged strategy gives the creators a much stronger position against potential infringements, as they can rely not only on informal copyright but also on an officially registered trademark. In a world where literary success often leads to the creation of an entire ecosystem of products and adaptations, this approach proves to be extremely prudent. Donaldson and Scheffler, presumably with the support of experienced advisors, have built a truly impenetrable fortress of intellectual property protection around their work.
Creating appealing characters is one thing, but the true genius of the Gruffalo’s creators lies in how they manage the intellectual property of their creations. Through thoughtful licensing, Donaldson and Scheffler have allowed their character to venture into a world far beyond the pages of the book. Today, we can find a plethora of Gruffalo-related products – from soap to ready meals for children, not to mention three-dimensional sculptures of the character and his friends placed in various locations. Magic Light Pictures is responsible for this business aspect, acting as a licensor and managing agreements with various entities.
An example of such collaboration is the agreement with Forestry England, which allows for the creation of Gruffalo-themed trails in the Whinlatter and Grizedale forests. This licensing serves as an excellent example of how intellectual property can generate revenue while allowing for the creative development of the brand. The key here is to maintain control over how the character is used, which ensures consistency in the brand’s image and maintains its high quality, regardless of the context in which it appears. But what happens when someone decides to use the image of the Gruffalo?
The story of the Orrest Head woods in Windermere perfectly illustrates how intellectual property rights function in practice, particularly in cases of infringement. For a decade, unofficial sculptures depicting the Gruffalo and his friends stood in this location, becoming a local attraction enjoyed by children and adults alike. The situation changed dramatically when Magic Light Pictures, representing the interests of the creators, sent a letter to the local authorities demanding the removal of the unauthorized sculptures. This decision sparked a media frenzy, with headlines screaming about “copyright infringement,” “spoiling children’s fun with legal formalities,” or “killing joy.” However, it is worth looking at this situation from the perspective of protecting intellectual property.
Was this a case of copyright infringement or trademark infringement? Probably both simultaneously. However, the strength of the licensor’s argument was primarily based on the officially registered trademark. Although the case most likely would never have gone to court, the creators had an extremely strong legal position, carefully built over the years. Interestingly, the trademark for the Gruffalo was registered as early as 2008, which means that for almost the entire decade that the sculptures were in Orrest Head, they were infringing on intellectual property rights.
The Gruffalo case highlights a problem that affects both startups, small and medium-sized enterprises, and large corporations – a lack of awareness regarding intellectual property.
The artist who created the unauthorized sculptures in Orrest Head, and the family that owned them, likely never considered the legal consequences of their actions. However, ignorance of the law is no excuse, as they painfully discovered when they had to remove their creations after a decade. This story serves as an important lesson for all creators – they should always ask themselves: can I legally use someone else’s intellectual property? This applies not only to Gruffalo but also to other characters created by Donaldson and Scheffler, such as Smeds and Smoos, Tabby McTat, Tiddler, and Room on the Broom, which are also protected by both copyright and registered trademarks. For sculptors, artists, potters, or designers who are considering creating their own interpretations of popular characters, the lesson is clear – they should always check the legal status of a particular creation and, if necessary, obtain the appropriate license. In a world where intellectual property often represents the most valuable asset of a company or creator, awareness and respect for these rights are becoming fundamental business skills.
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