Disney Suit Seeks to End the Party for Seller of Unlicensed Character Costumes

Recently, Walt Disney Co., Sanrio, Co., Ltd. and DC Comics filed suit in federal district court against Party Animals LLC (a business offering costumes and party entertainment) alleging that Party Animals infringed on various trademarks and copyrights owned by the Plaintiffs by renting character costumes produced without permission in violation of the Plaintiffs’ intellectual property rights.   Some of the alleged infringing costumes named by the suit include Winnie the Pooh, Batman, Superman, and Hello Kitty. Party Animals’s website plainly states that it has no licenses…
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Weinsteins’ Suit Against ‘Scream’ Writer Williamson is about the Contract, not the Copyrights

On August 23, 2012, California Superior Court Judge Mary Ann Murphy refused to dismiss a suit brought by The Weintstein Co., LLC against ‘Scream’ writer Kevin Williamson.  In essence, the ruling resolved a dispute over whether the action was preempted by the Copyright Act, or was, in fact, a simple contract dispute.  Judge Murphy held that the case could proceed as it is based in contract and The Weinstein Co.had not alleged any copyright infringement or any other acts forbidden by federal law. In its…
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Boom – Trademark Infringement Case Against Nike Survives, For Now

On July 3, 2012, Ohio federal Magistrate Judge Nancy A. Vecchiarelli recommended that part of a trademark infringement case against Nike, Inc. survive a motion to dismiss in a trademark infringement suit brough by Edward W. Tovey.  Mr. Tovey claims that Nike infringed on a line of sports clothing he allegedly developed with LeBron James’ girlfriend in 2009.  In a recommendation to the district court, Judge Vecchiarelli stated that, contrary to Nike’s assertions, Tovey’s federal trademark infringement and unfair competition claims (as well as some…
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Walt Disney Pictures and Buena Vista Home Entertainment Sue Horse-Racing Announcer’s Estate Seeking Declaratory Judgment on Right of Privacy/Copyright Claims Over Secretariat

Walt Disney Pictures and Buena Vista Home Entertainment filed a complaint in the United States District Court for the Eastern District of New York on Friday, June 29, requesting declaratory judgment against family members of the late horse-racing announcer Charles Anderson. The companies are seeking to pro-actively guard against the estate’s right of publicity and copyright claims related to the 2010 film Secretariat. According to the complaint, Anderson’s widow, daughters, and sons have spent the past two years asserting multiple bases of liability for…
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