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I recently travelled to the United States, namely California, where I spent a few days at Disneyland. During my vacation to the Magical Kingdom, I wondered if Disney had been involved in any trademark disputes. As a result, I have highlighted some key Disney trade mark disputes within this article.
Evel Knievel v Duke Caboom
Duke Caboom is one of the new characters in Toy Story 4. His character is portrayed as a stuntman who helped Woody and the rest of the toys escape from Gabby Gabby’s ventriloquist henchmen.
In 2020, a company called K&K Promotions, which owns all the rights to Evel Knievel’s likeness’ and persona, filed a claim against Disney, stating that Duke Caboom is a clear rip-off of the legendary American stuntman Evel Knievel.
The US Court of Appeals held that there was no infringement as “Duke Caboom clearly has artistic relevance.” This means that, as Duke Caboom is a fictional character in an animated film about toys coming to life, this would not mislead audiences into thinking that Duke Caboom is related to Evel Knievel. Additionally, it was stated that Disney added significant expressive content to differentiate the mark from Evel Knievel, such as a different name, clothes, and backstory when compared to Evel Knievel.
Deadmau5 v Disney
In 2015, Canadian DJ Joel Zimmerman settled a dispute with Disney over the similarities between his stage headgear and Mickey Mouse.
Deadmau5 originally tried to register his logo, which features black ears, a black face, white eyes, and a white mouth, in 2013 with the US Patent and Trademark Office for use on merchandise such as electronic equipment, entertainment services, and BMX bikes. He already held the trade mark in more than 30 countries.
In September 2014, Disney filed an opposition, arguing the stage headgear would cause consumer confusion as both marks are nearly identical in appearance.
At the time, Mr. Zimmerman took to Twitter to voice his opinions about the dispute, telling Disney to “lawyer up Mickey.”
Throughout the dispute, Disney emphasised the popularity of Mickey Mouse, whose image it has used in films, music, cartoons, and clothing since 1928.
However, discussions between the DJ and Disney led to the settlement of the dispute. Following the announcement of the dispute being settled, Mr. Zimmerman tweeted, ‘Tadaaaa!!! *waves jazzhands*’ which implies that he is happy with the outcome.
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