Disney has filed a trademark infringement lawsuit against Phase 4 Films, creator of the upcoming film “Frozen Land.” Disney claims that Phase 4 Films named the film “Frozen Land” to trade off of Disney’s popular film, and Oscar contender, “Frozen.” Though the film was previously released under the title “The Legend of Sarlia,” Disney contends that Phase 4 Films
redesigned the artwork, packaging, logo, and other promotional materials for its newly (and intentionally misleadingly) retitled film to mimic those used by [Disney] for FROZEN and related merchandise.
This case is interesting because, generally speaking, movie titles do not indicate the source of goods or services and, therefore, are generally unregisterable as trademarks. Movie merchandise, however, can serve as a basis for a trademark application. Additionally, under copyright law, copyright protection does not extend to short names and phrases. It will be interesting to see how the California federal court handles this case.
If you have been targeted by a trademark infringement lawsuit, or if a third party has infringed on your rights, contact the trademark lawyers at Revision Legal today at 855-473-8474.
