A hispanic couple in Florida, have infringed upon the trademark rights of Disney, the company claims in a lawsuit it has filed. The couple, apparently purchased costumes for a party business they are starting up. Unfortunately, the costumes were probably “knockoffs” of Disney-owned characters.
However, attacking families for making a sensible mistake, is something Walt Disney would likely never have condoned. It’s been suggested that this lawsuit was entered into to send a message to bootleggers and vendors who carry such merchandise. However, if that is indeed the case, why go after a family who was neither the bootlegger nor the vendor? They complied with every request Disney gave them, except one. Disney insisted the costumes, resembling Eeyore and Tigger from “Winnie the Pooh”, be turned over to Disney for “destruction”. The couple, struggling to start their business, returned the costumes to the place of purchase for a refund.
I understand, Disney needs to protect it’s profits. It’s natural for them, just as any other mega-corporation, to want to secure and manage their assets. But, in some cases, they go to extreme measures. This appears to be one such situation in which the vision of Disney’s founder is being cast aside in favor of big business.
Filing a lawsuit on a couple with children for buying copies of costumes, is like going after someone for downloading music illegally. Fundamentally, it’s legal, but it’s stupid. Hit the industry one customer at a time, and you will end up with a bitter market who is no longer interested in your “genuine” products. Even if there was no danger of consumers changing their opinion on Disney, it’s ridiculous from a financial standpoint, as well. This family doesn’t have the money that Disney will require in the lawsuit. Hurting a customer only reveals Disney to be more of a bullying personality than they already appear. If they truly want to do the right thing, they’re better off dropping the lawsuit and going after the shops that sell bootleg merchandise.
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