That's a good question. The Krofft Lawsuit (I think I've been forgetting an F sometimes) was a 1977 Lawsuit brought upon McDonald's by Sid and Marty Krofft, the pair of TV Producers who created H.R. Pufnstuf. The lawsuit alleged that McDonaldLand had too many similarities to the H.R. Pufnstuf characters, and was thus a violation of their copyright.Captain, I understand if this falls outside the scope of this thread, but I'd appreciate some context surrounding some of your notes in the entries. For example, I've noticed the "kraft lawsuit" referenced several times, but I'm not sure what that is. Can you provide information or sources so I can enjoy this thread even more?
The origins of the lawsuit started when in 1970 the advertising agency which eventually won the McDonaldLand contract reached out to the Kroffts to discuss an ad campaign using the H.R. Pufnstuf characters. This ultimately failed when the advertising agency won the contract on their own and dropped Krofft. They then went and hired some of the former employees who created the H.R. Pufnstuf costumes to make the McDonaldLand character costumes.
Thus, the Kroffts sued McDonalds for eventual similarities. I can't discuss the exact ones yet (would be spoilers), but if I ever cover a character who gets wiped as a result of it, I'll mention who the similarity was.
Outside of solely McDonaldLand, this lawsuit helped define the use of Extrinsic and intrinsic tests for determining copyright violations. Wikipedia defines these as: In the extrinsic test the work would be analysed by an expert to determine similarities in factual aspects including, "the type of artwork involved, the materials used, the subject matter, and the setting for the subject". The intrinsic test would decide whether an "ordinary reasonable person" would consider there were substantial similarities in expression.
The end result of this trial was that the jury determined the initial McDonaldLand ads did have a substantial similarity, particularly in some characters who I have not yet covered and thus cannot explicitly mention due to spoilers. This was backed up as intentional since the ad agency responsible had visited the H.R. Pufnstuf headquarters during their earlier negotiations, and hired people directly responsible for that creation.
Total damages for this were $1,000,000 awarded to Krofft, and McDonald's was ordered to stop airing and creating ads with the characters who violated this.
The larger impact of this is seen in the shift of location going from the fantasy-based McDonaldLand (see: the original Gobblins appearance ad) to the more reality-based McDonaldLand you see starting primarily in the 80s (though as we saw with the singing Trash Cans, not exclusively). Not all characters from the original ads were impacted (as you can see, the Gobblins/Fry Kids and Grimace both survived), so the ads continued with the ones who were allowed, though even the remaining ones received some frequent face lifts.
More details on the lawsuit can be found in the 1977 9th Circuit Federal Court of Appeals case outline.