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Frivolity - Zippo vs.

mrsapalm

<font color=FF0099>WDWWDS COO & Senior Exec. VP<fo
Joined
May 10, 2002
JUNE 19, 19:26 ET
Lighter Maker Sues Disney Over Name

By The Associated Press


ERIE, Pa. (AP) — Lighter maker Zippo is burned up over a cartoon dinosaur.

The Bradford, Pa.-based company last week sued Walt Disney Co. and television network ABC, claiming an animated dinosaur with the same name as the lighter is cashing in on the Zippo name, the Erie Times-News reported.

The lawsuit, filed June 7 in Erie federal court, wants Disney and ABC to rename the dinosaur, featured in the ``Dinotopia'' miniseries, and give the lighter maker any profits made from Zippo dinosaur merchandise.

The lawsuit also names The Beanstalk Group Inc., a licensing agency, and Hallmark Entertainment Distribution LLC.

``We're bringing this lawsuit to make ABC stop using Zippo as the name of the dinosaur and to protect our trademark,'' said Paul Perlman, a lawyer representing the company.

Disney officials declined to comment and referred all questions to the television network. ABC spokeswoman Julie Hoover declined to comment, saying network officials hadn't received the lawsuit.

The cartoon Zippo is a main character in the miniseries, based on books written by James Gurney, where humans and dinosaurs live together on a lost continent.

According to the lawsuit, Beanstalk has arranged deals for video games, cell phones, videotapes and other products featuring Zippo the dinosaur, while ABC plans to release the six-hour miniseries on video and DVD in July.

The Zippo name started with lighters in 1933, but is now used on a variety of items, including pocket knives, golf accessories and clothing.

———

On the Net:

Zippo Web site: http://www.zippo.com.

----I urge you to write to Zippo in protest. They have already received my correspondence. Shame, shame.
-MrsAPalm
 
I noticed one of your interests is writing. If you create a character named Mickey Mouse, expect to be sued by Disney. I'm sure Zippo is trademarked.
 
If you create a character named Mickey Mouse, expect to be sued by Disney. I'm sure Zippo is trademarked.

I don't see this as being as clear cut as "creating" your own Mickey Mouse.

Its more like Spalding (the sports equipment maker), sueing the Caddyshack people because they had a character named Spalding.

Not a lawyer, but I would think that if Disney could show that Zippo is a proper name used in other places (like clowns?), then they would be ok using it for a dinosaur. But if not, then maybe they have a problem.

Maybe the board's legal eagles can offer some insight?
 

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