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  1. #46

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    Re: Disney sues couple for one million dollars for wearing Winnie the Pooh costumes.

    On a philosophical note...

    I think this says far more about the efficacy of the laws than it does about the morality of the people who violate them.







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  2. #47

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    Re: Disney sues couple for one million dollars for wearing Winnie the Pooh costumes.

    Disney is a force to be reckoned with. You just don't mess with Disney, because you will be sorry.

    She should have just sent it to them. She could have lost just $700 but now she could lose a lot more. I mean, I feel sorry for them, but they had a warning.

  3. #48

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    Re: Disney sues couple for one million dollars for wearing Winnie the Pooh costumes.

    As a previous poster mentioned, if there's such a high demand for these characters to come to parties, why doesn't Disney (and other companies with their respective characters) get in on this? I'd bet it would be a huge source of revenue, and I doubt there would be a shortage of actors and actresses wanting to do this. If Disney made an official offering like this, I'd apply in a heartbeat.
    A huge demand, but little money... well, a lot of money, but in such little bit's it's not worth it to Disney.

    Does not mean that they will not stop others from making a buck on Winnie the Pooh, or Tigger (even if it means short changing the AA Milne Estate of royalties).

    I think this sends a clear message to everyone. ONLY DISNEY CAN STEAL FROM THE AA MILNE ESTATE.

  4. #49

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    Re: Disney sues couple for one million dollars for wearing Winnie the Pooh costumes.

    Quote Originally Posted by Bruce Bergman View Post
    If any copyright holder does not vigorously defend all their copyrights when they become aware of infringements, they will lose them. And Disney is not going to allow that.
    Just a quick note: copyright cannot be lost based on a lack of defense, though a failure to defend can impact the ability to get damages over later violations. Trademarks, on the other hand, can be lost, and AFAIK all of Disney's characters are trademarked in addition to being copyrighted. Thus, they have twice as much reason to go after violations.
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  5. #50

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    Re: Disney sues couple for one million dollars for wearing Winnie the Pooh costumes.

    I think these laws are absurd. I can understand if they were making copies of Disney Movies or music and giving them away or selling them, but if you're wearing a Disney costume you aren't taking anything away from Disney. The only way you would is if Disney had costumed cast members and you could hire Disney to "rent" the characters for a party, but Disney doesn't do that so this couple isn't cutting into their action. The law needs to be amended to legalize what this couple did.

    Lucas is also going after people who are making the Star Wars costumes for copyright infringement which I feel to be equally absurd. I know it's the law, but it's the law that I find absurd.
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  6. #51

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    Re: Disney sues couple for one million dollars for wearing Winnie the Pooh costumes.

    It's up to the copywrite holder to sue or not (and in the US you can sue anyone for any reason)

    As far as Disney or Lucas, they don't mind a certain amount of fandom. Lucas has invited members of the 501 at official Star Wars events, and as far as I know all of the Stormtrooper costumes are fan made.


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  7. #52

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    Re: Disney sues couple for one million dollars for wearing Winnie the Pooh costumes.

    Quote Originally Posted by MikeChat View Post
    I think these laws are absurd. I can understand if they were making copies of Disney Movies or music and giving them away or selling them, but if you're wearing a Disney costume you aren't taking anything away from Disney. The only way you would is if Disney had costumed cast members and you could hire Disney to "rent" the characters for a party, but Disney doesn't do that so this couple isn't cutting into their action. The law needs to be amended to legalize what this couple did.
    Why does the law need to be amended and what exactly would you be legalizing? How do you draw that line? The couple may not be cutting in on their action, but the characters, through trademarks and copyrights, are the intellectual property of Disney. That makes it their action. These people are making money off of something that is not theirs. On top of that, this is no more than idle speculation, but I would be more than willing to wager that the reason they opted for Disney characters is because the market doesn't want or they couldn't pull off original characters of their own. So, they spring for Disney, which automatically makes them more attractive that Bobo the Clown and Cowboy Stan. Legality aside, that's smart in the market, but not smart business because of the fact that it IS illegal.

    This is a lot WORSE than selling bootleg CDs and movies because Disney is losing out on money:
    1) For the costumes. Yes, Disney needs to pursue the company that made them, but come on. The company is in some major wrong here too.
    2) Every birthday party. Even though Disney currently doesn't have licensed birthday parties or anything of the sort, they are still losing out on money that shouldn't be made off of their property.

    The entire issue is stupid. The couple had every chance in the world to comply with reasonable demands, but they didn't want to lose out on their money. I don't know if they're not very smart or don't have much common sense, but if I get a C&D notification from someone, I'm more than likely following it, especially if it's a big company like Disney. My second move would be to get a lawyer to make sure that I'm not getting messed with unjustly.

    This couple made numerous mistakes, and Disney has every right to pursue them. I can almost guarantee that this will turn out similarly to what sediment said. It will be settled out of court and probably not cost anyone any substantial sum of money.

    On a logical note, what is the distinction between movies/CDs being bad but dressing up as Disney characters and then making money off of that not?

  8. #53

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    Re: Disney sues couple for one million dollars for wearing Winnie the Pooh costumes.

    Quote Originally Posted by Soulquarian View Post
    Watch the video. They did not follow Disney's instructions and were consequently sued.

    What I hate most about our current society is that we have become nearly devoid of morals. It's never a matter of right and wrong, but rather if we'll get caught, such is the case with piracy.

    This is just another form of piracy, and potentially a more problematic one if the family did something that impacted a child negatively.

    I have little to no sympathy for this family, and the fact that she claims "God will defend her" makes me dislike her even more.

    Stop stealing for profit.

    I tottally agree.


    People do not realize that if something was to happen during one of these parties while one of those people was wearing one of those costumes Disney at the end could end up loosing more in the long run. The negative publicity of something caused in one of those parties would be devastating. People would automatically link the characters with Disney even if they never authorized there use.

    The story clearly says that Disney sent them some letters and asked them to stop and to send them the costumes so they could be destroyed. Instead the family decided to ignore the request and try to expose of the evidence by sending it back to the seller.

    If they had been smart i would had rather loose the 700 dollars for the sotume than dealing with a legal action.

    I ahve no sympathy for people that do not follow copyright laws. I am sure that if they had just advertised a Disney themed party that included decorations, cakes and other activities Disney would not have paid any attention. It was the costumes that Disney was upset about

  9. #54

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    Re: Disney sues couple for one million dollars for wearing Winnie the Pooh costumes.

    Quote Originally Posted by sailerm View Post
    I think this sends a clear message to everyone. ONLY DISNEY CAN STEAL FROM THE AA MILNE ESTATE.
    no it just means that the AA milne estate should not have been so stupid to ascept the contracts that they approved of without making sure that everything was covered for future technology changes.

    Even after they ratified the contract they or their lawyers were stupid to not make sure that electronic and DVD sales be added.

  10. #55

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    Re: Disney sues couple for one million dollars for wearing Winnie the Pooh costumes.

    "I think this sends a clear message to everyone. ONLY DISNEY CAN STEAL FROM THE AA MILNE ESTATE."

    Of course. Doesn't Disney steal from everyone? Thanks Eisner.

  11. #56

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    Re: Disney sues couple for one million dollars for wearing Winnie the Pooh costumes.

    I know for a fact Disney has CMs who's job is to surf the web in serch of stuff like this. Some ex-CMs will often keep costumes and sell them on Ebay, when Disney finds out they will go down hard on that person.
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  12. #57

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    Re: Disney sues couple for one million dollars for wearing Winnie the Pooh costumes.

    Quote Originally Posted by Disney Wrassler View Post
    ...

    I believe this applies to any abuse of copyrighted property.
    California Adventure has been impersonating a Disney park for years. When is Disney legal going after them(selves)?
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  13. #58

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    Re: Disney sues couple for one million dollars for wearing Winnie the Pooh costumes.

    they did go after them, heard they sued and won a 4 billion dollar settlement to be reclassified into a disney park by 2012
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  14. #59

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    Re: Disney sues couple for one million dollars for wearing Winnie the Pooh costumes.

    It could be that I am misunderstanding what this women said but at around 1:19 on the video they reported that she told Disney that "We never had in our possession any costumes that would be unauthorized or copyrighted with Disney". To me she is telling Disney she never had the costumes, but she also says she sent them back for a refund and of course was advertising that she had them. So is she lying? Plus why would Disney have to send 3 letters? You would think that after the first one they would have removed all pictures and advertising and that is probably why Disney is going along with the lawsuit. They obviously didn't listen or comply. And another thing, if they are on food stamps then how in the world could they afford to buy costumes for $700? Generally when you think food stamps you think of people who are barely making it. But maybe I am wrong.
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  15. #60

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    Re: Disney sues couple for one million dollars for wearing Winnie the Pooh costumes.

    Quote Originally Posted by AlwysL8 View Post
    It could be that I am misunderstanding what this women said but at around 1:19 on the video they reported that she told Disney that "We never had in our possession any costumes that would be unauthorized or copyrighted with Disney". To me she is telling Disney she never had the costumes, but she also says she sent them back for a refund and of course was advertising that she had them. So is she lying? Plus why would Disney have to send 3 letters? You would think that after the first one they would have removed all pictures and advertising and that is probably why Disney is going along with the lawsuit. They obviously didn't listen or comply. And another thing, if they are on food stamps then how in the world could they afford to buy costumes for $700? Generally when you think food stamps you think of people who are barely making it. But maybe I am wrong.
    IMO what she may have been trying to say is that since the Peruvian company marketed the costume as a "honey Bear" then they never technically owned a "pooh bear" costume. The problem with that is, they themselves apparently called it a pooh bear costume in their own ads or what not.

    Even on food stamps, they could have various reasons why they could have qualified for a small business loan or even been able to get enough cash for the costumes and then tax right it off as business expenses. Who knows.

    There are people who are subsidized by the government (food stamps) who are not nessisarily barely making it. Their income is enough for essentials like Rent, clothes and the like but need help with some basic staple food items.

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