Disney sues clowns

Tom Morrow · 07-09-2008, 05:25 PM

Disney sues clown company over character use

Disney Files Lawsuit Against Family-Owned Clown Company

WFTV 9, Orlando
Disney filed a million dollar lawsuit against a family-owned clown company for trademark infringement. Marisol Perez-Chaveco and her husband run Kool Klown Party People in Claremont. The couple bought Winnie-the-Pooh, Eyeore and Tigger costumes on eBay for $700 and advertised the caracters on their company website, MySpace and Craig's List.

Disney sent them three letters demanding them to remove the pictures and turn the costumes over to Disney so they can be destroyed. If not they would be sued.

Marisol Perez-Chaveco told us she mailed the costumes back the the seller in Peru and got a refund, and claimed to Disney she never had unauthorized or copyrighted costumes in her posession. Disney's lawyer accused the couple of acting in bad faith.
Vanessa Welch

complete VIDEO

Sent from Ezra

tomserwin · 07-09-2008, 07:07 PM

I don't think there is a more awesome headline than "Disney sues clowns."

Kileli · 07-09-2008, 07:49 PM

^ I was thinking the same thing. I giggled with glee wondering why the heck Disney would sue clowns.

Ninja · 07-09-2008, 08:35 PM

yes it is one great headline. lol

HMF · 07-09-2008, 08:44 PM

Disney sues clowns. good title. I will definitley have to side with Disney here but this news report does not make disney look good' especially since they used the Rasulo logo to represent Disney.

SilentMickey · 07-09-2008, 08:47 PM

"But my children need big shoes and funny wigs. How can I provide that now?"

Ezra · 07-09-2008, 09:19 PM

I could have titled the thread Character Copyright Lawsuit or somesuch... but I just couldn't resist Disney Sues Clowns. How often do I get an legitimate opportunity to post headline like that?

Magic1 · 07-09-2008, 09:28 PM

Best... headline... ever.

Sorry lady, ignorance can be funny in clowning but it isn't a defense in business. Heck of a way to learn the difference.

.:Magic1:.

TimmyII · 07-10-2008, 08:17 AM

Only thing that irks me about that report is the unneccesary tag at the end talking about the tunnel system where "kids aren't allowed and characters can get out of character and change costumes". What the heck did THAT have to do with the story?? Man I hate that.

Magic1 · 07-10-2008, 09:28 AM

^ Yeah. It would've been smoother if they had bridged that factoid with the previous story by saying something like, "This case is just one example of how Disney manages the presentation of their characters in costume. Even in the Disney parks there are strict policies about how costumes are to be worn. For example..."

.:Magic1:.

AuroraBell · 07-10-2008, 11:07 AM

How could she not know that it was illegal to use the costumes? Disney is totally in the right, but the video doesn't make them look good.

dougeebear · 07-10-2008, 01:46 PM

Disney's enforcement of their copyright is haphazard at best. I've seen an Ebay seller with detailed duplicates of the Muppets, copyright now held by Disney. I also stumbled across this children's Tea Party site that offers Princess Parties with Ariel, Sleeping Beauty, Belle, etc - clearly outright theft of Disney's intellectual property. I did share the info with Disney but it appears both businesses are still in business.
http://www.mrspottsteaparty.com/index.html

Ezra · 07-10-2008, 02:02 PM

^ Maybe they have a legitimate licensing agreement. It's possible

Where Kool Klown Party People got into real trouble was by lying. They wrote Disney saying that they never had copyrighted costumes in their posession, when actually they did: They told the television reporter that they sent the costumes back to Peru. They also assured Disney that they had pulled all the images from their websites, which was also untrue.

Disney can characterize their lying about things as a deliberate attempt to defraud Disney. Not good. A simple "we're sorry" would have been better than lying. That's why Disney's attorney is accusing them of "bad faith".

mousecrazy · 07-10-2008, 02:11 PM

I actually feel bad for them. I dont think they thought it through very well, I really dont think they meant any harm other than to make a living. Yes I understand the copyright issues but really is it necesary to go this far. Oh well! We should all learn from this I guess. I agree also that they should have just said sorry our bad didnt realize and owned up to their mistake. I can see where "bad faith" comes into play.

Wisher · 07-10-2008, 06:04 PM

Quote:

Originally Posted by SilentMickey

"But my children need big shoes and funny wigs. How can I provide that now?"

Is it wrong of me to find that funny?

07-09-2008, 07:07 PM	#2 (permalink)
tomserwin People who found this post helpful: Join Date: Nov 2006 Location: Greegoil-Zbokk, Sector Two. Posts: 1,849 Images: 8 Posts Liked: 0 Liked 0 Times in 0 Posts	I don't think there is a more awesome headline than "Disney sues clowns." __________________ *It's not very far from Sulphur to Sugarcane.* My Countdown Counting down to: Next trip to Disneyland. At Disenyland, making full benefit of my Annual Pass.

07-09-2008, 07:49 PM	#3 (permalink)
Kileli People who found this post helpful: Join Date: Feb 2006 Location: Camarillo, CA Posts: 4,426 Images: 5 Posts Liked: 0 Liked 0 Times in 0 Posts	^ I was thinking the same thing. I giggled with glee wondering why the heck Disney would sue clowns. __________________ My Countdown Counting down to: Next DL trip At Disneyland, Be back later

07-09-2008, 08:35 PM	#4 (permalink)
Ninja Certified Cruehead People who found this post helpful: Join Date: Jun 2005 Location: Unfortunately, the SF Bay Area Posts: 78 Posts Liked: 0 Liked 0 Times in 0 Posts	yes it is one great headline. lol __________________ BLAM!

07-09-2008, 08:47 PM	#6 (permalink)
SilentMickey People who found this post helpful: Join Date: Aug 2005 Location: Moreno Valley, CA Posts: 281 Images: 4 Posts Liked: 0 Liked 0 Times in 0 Posts	"But my children need big shoes and funny wigs. How can I provide that now?" __________________ --SilentMickey Join The one Campaign. make poverty history. Help New Orleans Musicians bring back the music at Musicrising.org In the Eugene or Portland area of Oregon. Like good music? Check out SILAS

07-09-2008, 09:19 PM	#7 (permalink)
Ezra Favorite Hitchhiking Ghost News Editor People who found this post helpful: Join Date: Oct 2005 Location: Portland Oregon Posts: 3,549 Images: 99 Posts Liked: 0 Liked 7 Times in 6 Posts	Couldn't resist I could have titled the thread Character Copyright Lawsuit or somesuch... but I just couldn't resist Disney Sues Clowns. How often do I get an legitimate opportunity to post headline like that? __________________ Profile \| Visions Fantastic News Center \| UserPage

07-09-2008, 08:44 PM	#5 (permalink)
HMF Haunted Mansion Fan People who found this post helpful: Join Date: Dec 2005 Posts: 899 Posts Liked: 0 Liked 0 Times in 0 Posts	Disney sues clowns. good title. I will definitley have to side with Disney here but this news report does not make disney look good' especially since they used the Rasulo logo to represent Disney.

07-09-2008, 09:28 PM	#8 (permalink)
Magic1 People who found this post helpful: Join Date: Jul 2005 Location: West Coast Posts: 623 Images: 5 Posts Liked: 0 Liked 0 Times in 0 Posts	Best... headline... ever. Sorry lady, ignorance can be funny in clowning but it isn't a defense in business. Heck of a way to learn the difference. .:Magic1:.

07-10-2008, 08:17 AM	#9 (permalink)
TimmyII Fmr Disneyland Character People who found this post helpful: Join Date: Jul 2005 Location: Roseville, CA Posts: 1,303 Images: 5 Posts Liked: 0 Liked 4 Times in 3 Posts	Only thing that irks me about that report is the unneccesary tag at the end talking about the tunnel system where "kids aren't allowed and characters can get out of character and change costumes". What the heck did *THAT* have to do with the story?? Man I hate that. __________________ TimmyII -- Former Disneyland Cast Member 1996-2001 Department 384 "Disneyland is not just another amusement park...Disneyland is a show!" - Walt Disney My Countdown Counting down to: Redemption of my "Give a Day, Get a Disney Day" voucher! 251 days 10 hours 46 minutes

07-10-2008, 09:28 AM	#10 (permalink)
Magic1 People who found this post helpful: Join Date: Jul 2005 Location: West Coast Posts: 623 Images: 5 Posts Liked: 0 Liked 0 Times in 0 Posts	^ Yeah. It would've been smoother if they had bridged that factoid with the previous story by saying something like, "This case is just one example of how Disney manages the presentation of their characters in costume. Even in the Disney parks there are strict policies about how costumes are to be worn. For example..." .:Magic1:.

07-10-2008, 11:07 AM	#11 (permalink)
AuroraBell People who found this post helpful: Join Date: Sep 2006 Posts: 34 Posts Liked: 0 Liked 0 Times in 0 Posts	How could she not know that it was illegal to use the costumes? Disney is totally in the right, but the video doesn't make them look good. __________________ "I'm a Disney Girl in Walt Disney's World" "Life with Magic, it's Fantastic!"

07-10-2008, 01:46 PM	#12 (permalink)
dougeebear People who found this post helpful: Join Date: Oct 2005 Posts: 402 Images: 23 Posts Liked: 0 Liked 0 Times in 0 Posts	Disney's enforcement of their copyright is haphazard at best. I've seen an Ebay seller with detailed duplicates of the Muppets, copyright now held by Disney. I also stumbled across this children's Tea Party site that offers Princess Parties with Ariel, Sleeping Beauty, Belle, etc - clearly outright theft of Disney's intellectual property. I did share the info with Disney but it appears both businesses are still in business. http://www.mrspottsteaparty.com/index.html

07-10-2008, 02:02 PM	#13 (permalink)
Ezra Favorite Hitchhiking Ghost News Editor People who found this post helpful: Join Date: Oct 2005 Location: Portland Oregon Posts: 3,549 Images: 99 Posts Liked: 0 Liked 7 Times in 6 Posts	Lying ^ Maybe they have a legitimate licensing agreement. It's possible Where Kool Klown Party People got into real trouble was by lying. They wrote Disney saying that they never had copyrighted costumes in their posession, when actually they did: They told the television reporter that they sent the costumes back to Peru. They also assured Disney that they had pulled all the images from their websites, which was also untrue. Disney can characterize their lying about things as a deliberate attempt to defraud Disney. Not good. A simple "we're sorry" would have been better than lying. That's why Disney's attorney is accusing them of "bad faith". __________________ Profile \| Visions Fantastic News Center \| UserPage

07-10-2008, 02:11 PM	#14 (permalink)
mousecrazy I Eat Danger For BrkFast! Administrator People who found this post helpful: Join Date: Jun 2005 Location: Bay Area - Marin Posts: 1,608 Images: 31 Posts Liked: 6 Liked 1 Time in 1 Post	I actually feel bad for them. I dont think they thought it through very well, I really dont think they meant any harm other than to make a living. Yes I understand the copyright issues but really is it necesary to go this far. Oh well! We should all learn from this I guess. I agree also that they should have just said sorry our bad didnt realize and owned up to their mistake. I can see where "bad faith" comes into play. __________________ Mahalo nui loa "Rosa sat, so Martin could walk. Martin walked, so Obama could run. Obama is running, so our children can fly." - Ed Welch

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