Enos Et Al V. The Walt Disney Company Et Al
Summary: On July 18, 2023, John William Kaipo Enos and Johnson Entertainment LLC filed a lawsuit against The Walt Disney Company, Walt Disney Enterprises, Inc., and Does 1 through 10 for copyright infringement. The plaintiffs claim that Disney has infringed upon their copyrights by producing and distributing merchandise and entertainment featuring characters from their "Duffy and Friends" line, specifically 'Olu or 'Olu Mel, without authorization. The plaintiffs argue that this constitutes copyright infringement, unfair competition, and federal unfair competition under the Lanham Act. They are seeking a jury trial and various forms of relief, including damages, injunctions, attorney's fees, and a declaration of copyright infringement. The plaintiffs allege that Enos, who has been creating family entertainment for over 20 years and owns trademark and copyright registrations, created a series called "Honu By The Sea" in 2006, which features a sea turtle character named "Honu" who plays the ukulele. They claim that Disney's 'Olu Mel character has strikingly similar features and copied elements from Honu. The lawsuit asserts two claims for relief: copyright infringement and unfair competition. The plaintiffs also allege that Disney's actions have violated the Lanham Act and caused reputational harm and damage to their business interests. They seek an order from the court to prohibit Disney from engaging in these practices and to require them to disgorge any profits obtained. The plaintiffs request a declaratory judgment to determine their rights and declare that Disney's actions violate U.S. copyright laws. They are represented by attorneys from Aaronson & Aaronson. The case number is 2:23-cv-05790, and the document consists of 13 pages.
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