Walt Disney Productions v. Filmation Associates

ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

INTRODUCTION

In this action, plaintiff Walt Disney Productions (“Disney”) asserts claims for vio lation of its copyright, trademark, and state-created rights in certain animated character depictions, full-length animated films, and industry marks.

Defendants Filmation Associates, Group W Cable, Inc., Westinghouse Broadcasting and Cable, Inc., and Westinghouse Electric Corporation (collectively, “Filmation”) have moved for summary judgment on all counts of the First Amended Complaint, arguing in response to plaintiff’s claims of copyright infringement: first, that materials created in the production of their motion picture cannot themselves be the subject of an action for copyright infringement; and, second, that no substantial similarity exists between any Filmation works and any of Disney’s copyrighted works. In response to plaintiff’s claims under the Lanham Act and the California law of unfair competition, defendants argue that defendants’ advertisements are dissimilar as a matter of law to plaintiff’s marks and that the claims must be dismissed for Disney’s failure to show actual diversion of sales.

By this Order, the…