The Walt Disney Co. on Wednesday sued a Hong Kong jewellery company it accuses of selling illegal Mickey Mouse jewellery.
The international media and entertainment conglomerate filed a lawsuit in federal court in Los Angeles against the Red Earth Group, which sells jewellery online under the name Sateur.
Disney says the marketing and branding of the rings, necklaces and earrings in Sateur's "Mickey 1928 Collection” violate its trademark rights and that the Hong Kong company is deliberately trying to fool customers into thinking the pieces are official Disney merchandise.
Sateur, the suit alleges, "intends to present Mickey Mouse as its own brand identifier for its jewelry merchandise and "seeks to trade on the recognizability of the Mickey Mouse trademarks and consumers’ affinity for Disney and its iconic ambassador Mickey Mouse.”
A message seeking comment from representatives of the Red Earth Group was not immediately answered.
The lawsuit is indicative of Disney's dogged efforts to protect its intellectual property from unauthorised appropriation. Although the earliest version of Mickey Mouse entered the public domain last year after Disney's copyright expired, the company still holds trademark rights to the character.
Lawyers for Disney argue in the suit that Red Earth’s online marketing efforts "extensively trade on the Mickey Mouse trademarks and the Disney brand” with language that includes describing the jewellery as great for "Disney enthusiasts.”
Such tactics indicate Red Earth was "intentionally trying to confuse consumers,” the lawsuit says. The impression created, it says, "suggests, at a minimum, a partnership or collaboration with Disney.”
The earliest depiction of Mickey Mouse, who first appeared publicly in the film short Steamboat Willie in 1928, are now in the US public domain. The widely publicised moment was considered a landmark in iconography going public.
The lawsuit alleges that Red Earth and Sateur are trying to use that status as a "ruse” to suggest the jewellery is legal, by dubbing it the "Mickey 1928 Collection” and saying it is being sold in tribute to the mouse's first appearance.
The centrepiece of the collection, the suit says, is a piece of jewellery marketed as the "Sateur Mickey 1928 Classique Ring,” which has a Steamboat Willie charm sitting on the band holding a synthetic stone.
But there is an essential difference between copyright - which protects works of art - and trademark - which protects a company's brand.
Even if a character is in the public domain, it cannot be used on merchandise in a way that suggests it is from the company with the trademark, as Disney alleges Red Earth is doing.
"Disney remains committed to guarding against unlawful trademark infringement and protecting consumers from confusion caused by unauthorised uses of Mickey Mouse and our other iconic characters,” Disney said in a statement Wednesday.
The lawsuit seeks an injunction against Red Earth selling the jewellery or trading on Disney's trademark in any other way, along with monetary damages to be determined later. – AP
