UK company battles Disney in Alice in Wonderland TM claim
UK-based luxury boutique store Alice Looking has filed a complaint against Disney for trademark infringement over its ‘Alice Through the Looking Glass’ trademarks.
According to the complaint, filed on Wednesday, January 11 at the US District Court for the Central District of California, Alice Looking sells a range of products from apparel to chessboards featuring characters from Lewis Carroll’s book “Alice's Adventures in Wonderland”.
The boutique owns US trademarks for ‘Alice Through The Looking Glass’ for classes 14, 16, 25, 28, 30 and 35
Alice Looking claimed that Disney had been aware of its trademarks since at least December 2014, when the boutique contacted Disney in connection with Disney’s announced intention to make and release the film “Alice Through The Looking Glass”.
In the letter, Alice Looking’s counsel stated: “The marketing of the film under terms identical to the mark is plainly of concern ... because it is also likely that members of the public will associate our client’s products under the mark with the products (the film and associated merchandise) of Disney’s.”
According to the claim, Alice Looking’s representatives then met two Disney representatives in January 2015.
“Disney indicated they would make an offer to co-exist under the … trademarks and present ‘marketing opportunities’ but instead wanted only to show its film to a group of plaintiff's customers,” said the claim.
Disney had allegedly also attempted to register marks similar to Alice Looking’s trademarks, including an application for ‘Disney Alice Through the Looking Glass’, which was rejected by the US Patent and Trademark Office due to likelihood of confusion to Alice Looking’s trademarks.
In May 2016, Disney began selling products, including clothing, make-up products and chess boards, bearing the boutique’s mark.
Alice Looking is seeking a jury trial, injunctive relief, an account of profits and damages, destruction of infringing goods, attorneys’ fees and costs.
The Disney film “ Alice Through The Looking Glass”, the sequel to "Alice in Wonderland", was released in 2016.
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