I am sure you remember “Lotso” from “Toy Story 3“. He was the character that started out cute and lovable but ended up being the exact opposite. It seems as though Disney may have used someone else’s idea.
The character violates trademark because Lots-o’-Huggin Bear has the same name of the cartoon bear, “Lotso”. Lisa Diece who is a stuffed bear maker, claims in court.
She sued Disney Enterprises Inc. in Federal Court. She alleges unfair competition and trademark infringement.
She also claims she has patent and trademark protections for her line of stuffed toy bears, “Lots of Hugs.”
Lots of Hugs bears have been sold since December 1995.
“Defendant DEI, and its subsidiary, Pixar, decided that this ‘Lots-O’-Huggin’ aka ‘Lotso’ character should be the star antagonist of its ‘Toy Story 3’ movie, all without the license or authority of plaintiff DLI,” the complaint states.
“Such actions by defendant DEI, without authority of plaintiff DLI, constitutes the acts of colorably imitating plaintiff DLI’s registered ‘849 registration and its ‘Lots of Hugs’ mark …”
She claims she tried to license the bears to Interactive Group in 2011, but Interactive was scared of Disney and confusion by the consumer caused by Disney’s Lotso bear.
“Subsequently, Interactive group required that the licensed bears be marked ‘hugalots’ instead of ‘Lots of Hugs,'” the complaint states. “Interactive Group, and its licensee, have marketed and sold licensed ‘hugalots’ bears, since July 2011.”
Disney has not responded about this matter.
The Plaintiff seeks relief for actual and punitive damages, unfair competition and trademark infringement.
Wishing you Faith, Trust, and Pixie Dust
Sunshine
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