Walt Disney Productions v. Filmation Associates

628 F. Supp. 871 (1986)

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Nature of the Case

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Facts

P is a corporation that produces animated films. Beginning in 1937, P produced a series of feature-length motion pictures, which it refers to as the 'Disney Classics.' Included among these are pictures entitled 'Pinocchio,' 'Alice in Wonderland,' and 'The Jungle Book.' The story of each of these pictures is based in part upon preexisting work, much of which is in the public domain. D is also in the business of producing animated films. In 1985, D announced its intention to produce and distribute a series of fully animated feature-length films which it refers to as its 'New Classics Collection.' Included among these are films entitled 'The New Adventures of Pinocchio,' 'Alice Returns to Wonderland,' and 'The Continuing Adventures of the Jungle Book.' Filmation's works are based in part upon the same preexisting sources as are P's. On April 10, 1985, P filed suit against asserting eleven causes of action under the federal copyright and trademark laws, as well as California unfair competition laws. On August 5, 1985, P moved for a preliminary injunction to restrain D from advertising its films with materials that purportedly infringed P's copyrights. P submitted copies of D's challenged advertisements along with P's depictions of the characters embodied in each. The Court denied the motion, finding that P had failed to show a likelihood of success on the merits of its claims. On November 8, 1985, D filed this motion. P owns the copyrights to a fully-animated feature-length motion picture entitled 'Pinocchio' and to a series of original designs and drawings of certain characters -- named Pinocchio, Gepetto, and Stromboli -- portrayed therein. These copyrights are valid and duly registered. D has begun production of a fully-animated motion picture entitled 'The New Adventures of Pinocchio.' P contends that D utilizes a substantial amount of P's copyrighted materials. D has produced a script, 'story board,' 'story reel,' models, and designs, which are said to be tangible and permanent reproductions of characters and scenes, 'constituting copies of material' copyrighted by P. D has not completed its film 'The New Adventures of Pinocchio.' D contends that Count Six is not actionable until it has completed work on its motion picture.