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Orlando Business Lawyer / Blog / Trademark And Copyright / Disney Prevails in Lawsuit Surrounding Fake Merchandise

Disney Prevails in Lawsuit Surrounding Fake Merchandise

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Disneyland and Disney World are some of the most popular attractions in the world. Combined, these parks bring in tens of billions of dollars in revenue every year.

Disney is a powerful brand. You can bet that virtually everyone on the planet has heard of Mickey Mouse and company.

You don’t mess with Disney. An influencer couple from Florida tried to and lost out big time. Disney sued a man and his wife in late 2022 for copyright and trademark infringement in federal court after the couple attempted to profit off of selling knockoff Disney merchandise.

The Kissimmee couple had been selling fake Mickey Mouse ears and other theme park merchandise to their thousands of followers on social media. The couple was selling the products on their online store, Facebook groups, and social media posts. All this caught the attention of Disney, which filed a lawsuit for copyright infringement.

Disney took action after the couple ignored two cease-and-desist letters ordering them to stop selling unauthorized products. The couple had allegedly told their thousands of followers that their Secret Disney Group was physically located at Walt Disney World Resort, which was not true. The couple also applied for registration with the U.S. Patent and Trademark Office for a logo, which apparently looked similar to a Disneyland logo.

As per a final judgment approved by the courts in March 2024, the couple agreed to shut down their online stores. They also agreed to pay Disney $100,000 if they ever infringed against the company again. The court order was signed off in the Orlando division of the U.S. District Court’s Middle District of Florida. The clerk of court closed the case and each side paid for their own attorney fees.

Legal professionals reviewed the court documents and said the case sends a clear message: Don’t mess with Disney. Disney will rarely file a case they don’t already know they’re certain to win. Especially in this case, where they have been in constant contact with the defendants. So it’s not like the lawsuit was a surprise.

The couple thought it was, though. The couple claims they had issues entering Disney’s Tokyo park in 2023. However, Disney did not confirm whether or not the couple was actually banned overseas.

While the couple has since shut down their Facebook groups that had gotten them in trouble, they already have a new project in the works. A social media group about traveling is already in the planning stages.

Learn More About Copyright Infringement

Many people try to make knockoffs of popular brands in an effort to make money, but this is unethical and illegal.

If your company has been affected by copyright infringement, seek legal help from Orlando trademark & copyright lawyer B.F. Godfrey from Godfrey Legal. We will be there to provide effective and efficient representation when you feel your work has been used inappropriately or without your permission. Fill out the online form or call (407) 890-0023 to schedule a consultation.

Source:

floridapolitics.com/archives/674944-influencers-owe-100k-after-disney-lawsuit-records-show/

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