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Disney Claims over Party Characters Partially Dismissed
Disney Enterprises has been handed a setback in an ill-conceived lawsuit: Going after people who dress up as Disney-owned characters like Elsa from Frozen or Chewbacca from Star Wars to perform at children's birthday parties.
Federal District Judge George Daniels of the Southern District of New York tossed claims of trademark infringement, unfair competition and false designation of origin brought by Disney and its affiliates Marvel Characters and Lucasfilm against Characters for Hire (CFH). However, in his summary judgment decision District Judge Daniels kept alive Disney's trademark dilution and copyright infringement allegations.
New York-based Characters for Hire provides “costumed entertainment” for birthday parties and corporate events in major cities across the country. The characters aren't outright copycats. As the company states on its website: “It is not our intention to violate any copyright laws. The characters that we offer are NOT name brand copyrighted characters. … Any resemblance to nationally known copyrighted characters is strictly coincidental.”
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