(2010) Tags: Pixar
Diece-Lisa Industries, Inc. v. Disney Enterprises Inc
Upon information and belief, Defendant’s decision to adopt and use the “Lots-O’-Huggin’” a/k/a “Lotso” bear character misappropriated Plaintiff’s “Lots of Hugs” identifier as Defendant’s principal antagonist character of the Toy Story 3 movie. Defendant, and its subsidiary, Pixar, decided that this “Lots-O’-Huggin’” a/k/a “Lotso” character should be the star antagonist of its Toy Story 3 movie, all without the license or authority of Plaintiff.
Because of the success of the Toy Story 3 movie worldwide, Plaintiff is viewed as a junior user of the mark, when in fact it is the senior user of the mark “Lots of Hugs.” Plaintiff’s valuable property rights in and to its “Lots of Hugs” mark have been destroyed by the overwhelming worldwide success of Disney’s Toy Story 3 movie, and the related notoriety of the “Lots-O’-Huggin’” a/k/a “Lotso” character of Defendant.