Disney Files Infringement Lawsuit Against Phase 4 for Imitating "Frozen" Franchise
26 Dec 2013
Disney Enterprises has filed a trademark infringement lawsuit against Phase 4 Films for changing the title of its recent film "The Legend of Sarila" to "Frozen Land," claiming the company hoped to enhance its commercial success off of the hit Disney film "Frozen."
A complaint filed Dec. 20 in California federal court reads, "On November 1, 2013, less than three weeks before the Hollywood premiere of 'FROZEN' on November 19, Phase 4 theatrically released an animated picture entitled 'The Legend of Sarila,' which generated minimal box office revenues and received no significant attention. Accordingly, the picture's prospects for achieving success in the home entertainment market were uncertain at best. Knowing of Disney's imminent release of 'FROZEN,' however, Phase 4 suddenly changed the title of 'The Legend of Sarila' ('Sarila' being the name of a lush, abundant, and non-frigid mythical land) to 'FROZEN LAND' a title deceptively and confusingly similar to 'FROZEN.'"
The lawsuit adds that Phase 4 "also 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. In fact, Phase 4's redesigned logo, as depicted [in a below picture] on its DVD cover, is nearly identical to 'FROZEN''s logo…"
Disney Enterprises is asking Phase 4 to refrain from using the "Frozen" trademark and destroy all DVDs, DVD covers, posters, publications, software, brochures, labels, signs and other promotional material. The plaintiff is also asking to be compensated for lost profits and actual damages.