Company Disney sues Miami party planners

[Tom Morrow]

Disney sues Miami party planners

Disney sues Miami party planners South Florida Business Journal Disney Enterprises and other plaintiffs are seeking millions of dollars in damages from a Miami couple that runs Tio Fiesta Decorations & Events. The suit is one of several filed recently by Disney to protect copyrighted trademarks, music and images. The suit claims Tio Fiesta made money by using trademarks for costumes at children’s parties, including Ariel (from “The Little Mermaid”), Winnie the Pooh, Buzz Lightyear and Chicken Little. It also alleges that Tio Fiesta illegally used trademarks on decorations. The suit, filed in federal court in Miami, seeks at least $100,000 for every trademark violation, and up to $1 million for each if Tio Fiesta’s actions are found to be willful. An exhibit shows 29 alleged trademark infringements. The suit also alleges copyright infringement for lesser damages. Tio Fiesta owners Ramon and Elizabeth Morales could not be reached immediately for comment. The company’s Web site on Thursday still carried recognizable Disney character images and themes, stating: “Tio Fiesta also offers a great variety in look-a-like characters of your choice, from princesses and superheroes to cartoon characters.” The suit was filed on behalf of Disney Enterprises by attorney Michael Holihan of Maitland. Other listed plaintiffs include DC Comics, Hanna-Barbera Productions and Sanrio. Holihan referred questions to Disney’s media relations office, which could not be reached immediately for comment. by Paul Brinkmann

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[Executioner]

Wow. These people seem to have played in the wrong playground. I would like to give them the benefit of the doubt but seeing as other big entertainment companies are also suing for the same infringements, I feel they may have done wrong.

[Bloomin' Cockroachers]

I checked out their site. Not a lot of things on there, but maybe they had to take it down. Either way, they should have known not to mess with big corporations.

Well, depending on the amount that the infringing company made, the requested amount for damages might be appropriate.

However, if this is some "Mom and Pop" business, Disney could look heartless.

I think that if it's some small, harmless business, a cease and desist order would be appropriate.

It makes me wonder if they also go after little carnivals that display Mickey, Minnie, Donald, Goofy, etc.....

This story does not contain enough information to make even an initial judgment call. The entire crux of the argument would be how much the company made off of Disney characters.

Makes me wonder what they are going to do about that fake Disneyland in China....

[Chris]

The "Fake" Disneyland has gone out of business and closed, I believe. It also is outside of U.S. Territory. (China is one of the largest producers or pirates music and others' intellectual property).

This "company" probably has made quite of a bit of money off the Disney characters, and while Disney will likely never collect any of the settlement, it sends a clear message that "if you use our stuff, you will be sued". A simple "cease and desist" at this point, when the materials had already been used, profitted from, etc, seems a "slap on the wrist".

This is a much different situation than the childcare facility that had to remove the Disney-art from their walls. This company was making money by using Disney (and apparently characters from DC comics, etc) characters and even was stupid enough to list them on their website as "look alikes", which fully implies they knew what they were doing (offering their customers knock-offs for a cheaper price).