https://casetext.com/case/comedy-iii-productions-v-new-line-cinema

Although film footage may indeed be protected by copyright, Comedy III has strenuously argued that it does not raise a copyright claim. Indeed, Comedy III could not do so even if it wanted to because any copyright has long expired and the film at issue is in the public domain. We all own it now.

Comedy III has not satisfied the dual elements of the`validity' test by explaining how the film footage could contain a distinctive mark or how footage of The Three Stooges' name, voices, images, and act could have secondary meaning. We cannot agree with Comedy III's threshold assertion that this clip is a trademark. First, the footage at issue here was clearly covered by the Copyright Act, 17 U.S.C. § 106, and the Lanham Act cannot be used to circumvent copyright law. If material covered by copyright law has passed into the public domain, it cannot then be protected by the Lanham Act without rendering the Copyright Act a nullity.

Conclusion:

For the foregoing reasons, we conclude that the clip of The Three Stooges film used in The Long Kiss Goodnight is not an enforceable trademark. We therefore affirm the district court's dismissal of Comedy III's First Amended Complaint.

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how did Disney trademark that opening clip with steamboat willie if there's precedence that this cannot happen since steamboat willie can only be protected by copyright.