Beginning Next Week: InsideCounsel will become part of Corporate Counsel. Bringing these two industry-leading websites together will now give you comprehensive coverage of the full spectrum of issues affecting today's General Counsel at companies of all sizes. You will continue to receive expert analysis on key issues including corporate litigation, labor developments, tech initiatives and intellectual property, as well as Women, Influence & Power in Law (WIPL) professional development content. Plus we'll be serving all ALM legal publications from one interconnected platform, powered by Law.com, giving you easy access to additional relevant content from other InsideCounsel sister publications.

To prevent a disruption in service, you will be automatically redirected to the new site next week. Thank you for being a valued InsideCounsel reader!

X

Disney files suit over Frozen trademark infringement

Disney claims promotional tools for Phase 4 Films’ Frozen Land rips off of its own film

Logo comparison via The Hollywood Reporter

If you haven’t seen Disney’s Frozen yet this holiday season, let me give you a spoiler-free synopsis: It’s the story of a fearless princess who sets out on an epic journey with some friends across a winter wonderland.

If you haven’t seen Phase 4 Films’ Frozen Land yet this holiday season, let me give you a spoiler-free synopsis, according to a Disney lawsuit: It’s a blatant attempt to capitalize off of Frozen’s success by violating Disney’s trademarks.

At least, that’s what the movie-making giant has claimed in court. Disney filed a lawsuit against Phase 4 Films on Dec. 23 in a California court, claiming that Phase 4 infringed upon Disney’s trademark associated with Frozen when marketing its own film.

According to the lawsuit, Phase 4 released The Legend of Sarila to little fanfare in the U.S. despite being, as the producers claim, Canada’s first 3D-animated film. In order to boost sales and capitalize off of Frozen’s success, Disney says, the studio “redesigned the artwork, packaging, logo, and other promotional materials for its newly (and intentionally misleadingly) retitled film to mimic those used by [Disney] for FROZEN and related merchandise.”

The Hollywood Reporter notes that the main issue here isn’t the name of the film — anyone can use the word “Frozen” — but rather Phase 4’s promotional materials for the film. The redesigned Frozen Land logo looks very similar to Disney’s own logo, which Disney believes is an attempt for Phase 4 to sell its own merchandise with the intent to deceive customers in violation of, among other statutes, the Lanham Act.

Disney is seeking an injunction and the destruction of all Frozen Land DVDs that contain logos and images that could confuse customers. Disney is also seeking damages and lost profits related to the sale of Frozen Land.

 

For more trademark infringement stories, check out these articles from InsideCounsel:

IP: Thinking ahead about 3D printing

New WIPO program and budget in the works for 2014-2015

Former Google Executive to lead U.S. Patent Office

IP: Fresenius USA, Inc. v. Baxter International, Inc. headed to the Supreme Court?

Assistant Editor

author image

Zach Warren

Zach Warren is Assistant Editor of InsideCounsel magazine, where he oversees online content submissions and administers InsideCounsel's enewsletters. Zach specializes in new media and multimedia...

Bio and more articles

Join the Conversation

Advertisement. Closing in 15 seconds.