13 March 2006

Trade Marks: Disney targeted again

On 14 Oct 2005 I reported on Christodoulou v Disney Enterprises Inc [2005] FCA 1401 (4 October 2005), an Australian case in which one of the Walt Disney companies was sued unsuccessfully for infringement of the trade mark THE HUNCHBACK OF NOTRE DAME (see .The Hunchback of Notre-Dame). I am now grateful to IP360 for news of another claim against a Disney company ("Angels Ready To Raise Hell Over Disney Movie").

I have found further and better particulars in a news item in CNN Money ("Hell's Angels rumble with Disney, Motorcycle club sues film studio for infringing on its trademark in 'Wild Hogs' movie"). According to the report, the Hell's Angels Motorcycle Corporation complains that Buena Vista Motion Pictures has infringed the claimant's trade mark in a device consisting of a helmeted, horned and feathered skull by publicizing the film "Wild Hogs". The claim is apparently filed in the US District Court for the Central District of California. The District Court is roughly equivalent in standing and function to our High Court. It will be interesting to see the specific allegations and how far the claim proceeds.

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