Earlier this year, Disney and Phase 4 Films settled a lawsuit over Phase 4’s attempts to capitalize on Disney’s latest animated success, Frozen. Phase 4’s film was originally titled The Legend of Sarila. According to the complaint filed by Disney, it was released November 1, 2013, a few weeks before Frozen’s release, to dismal box office revenues. Phase 4 then changed the film’s name to Frozen Land, and redesigned the film’s logo to mimic that of Disney’s Frozen. For a side-by-side look at the logos, see the complaint filed by Disney here.
In the settlement, Phase 4 agreed to immediately stop marketing and distributing its film under the name Frozen Land, and pay Disney $100,000. At first I was skeptical of Disney’s claim, but after comparing the separate logos, it seems highly unlikely that this was anything but a blatant attempt to profit off of Frozen‘s success. The logos contain the same color scheme, the same shape, and almost identical fonts.
As far as the Lanham Act violation claim, it seems almost certain that consumers would be confused as to the relation between the two movies, perhaps reasonably assuming that Frozen Land is a spin-off of Frozen. They also settled an unfair competition claim that was based on Disney’s claims that Phase 4’s Frozen Land caused irreparable damage to Disney’s goodwill and reputation.
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