Do you remember the movie, Alice Through the Looking Glass, last year’s sequel to Disney’s 2010 film, Alice in Wonderland? Well, the London boutique store, Alice Through the Looking Glass, was not thrilled that a movie was being made with its trademarked name. The boutique opened in 2012 and specializes in Lewis Carroll’s “Alice’s Adventures in Wonderland” goods, which include first edition books, rare illustrated editions, art, house goods, and clothing.
Since 2014, the Alice Through the Looking Glass boutique has owned U.S. trademarks for ‘Alice Through the Looking Glass’ for classes that include candy, art, games, jewelry, clothing, digital media, books, and stationery. In December 2014, the boutique contacted Disney about its existing trademarks, when Disney announced releasing the film “Alice Through the Looking Glass”. The boutique stated, “ The marketing of the film under terms identical to the mark is plainly of concern … because it is also likely that members of the public will associate our client’s products under the mark with the products (the film and associated merchandise) of Disney’s.”
In January 2015, two Disney representatives met with a representative from the Alice Through the Looking Glass boutique. “Disney indicated they would make an offer to co-exist under the … trademarks and present ‘marketing opportunities’ but instead wanted only to show its film to a group of plaintiff’s customers,” said the claim. Disney then attempted to register marks similar to the Alice Through the Looking Glass’ trademarks, including applications for ‘Disney Alice Through the Looking Glass’, which was rejected by the U.S. Patent and Trademark Office. In May 2016, Disney began selling products, including clothing, makeup products, and chessboards, with the boutique’s mark.
Alice Through the Looking Glass boutique is seeking a jury trial, injunctive relief, an account of profits and damages, destruction of infringing goods, and attorneys’ fees and costs.
What do you think?
#OwnYourMark #MakeYourMark
Written by: Teresa Nguyen