Disney Being Sued Over Toy Story 4’s Duke Caboom

Posted on by Mathew Corn Uncategorized

Toy Story 4 was another Disney/Pixar success when it released last summer. Well, now it seems Disney is in a little turmoil over one of the fun new characters featured in the film – the fearless Duke Caboom! The big question… does Duke (Canada’s greatest stuntman) resemble Evel Knievel?

As shared by ComicBook.com: Disney is being taken to court over their character, who was a fan-favorite and quickly spawned merchandising. According to a report from TMZ, a company called K&K Promotions, headed up the late Evel Knievel’s son that owns the copyright and trademarks for the stunt performer, has filed suit against Disney, Pixar, and other subsidiaries of The Walt Disney Company asking for a damages to be paid out.

The suit alleges that the character and film is littered with homages and nods to Knievel’s dress, noting that the toy of Duke Caboom itself seems to be directly lifted from a similar 1970s toy featuring Knievel. They also note that those involved with the film went out of their way to never mention Knievel in interviews while promoting the movie.

Lawsuit Filed Against Disney Surrounding Fire Code Violation & Bullying During Resort Renovation

Posted on by Mathew Corn Disney Parks, Disney Resorts

Disney is currently up against a lawsuit surrounding the renovation of Walt Disney World’s Saratoga Springs Resort. Fire code violation and bullying are at the center of the lawsuit.

As shared by the OrlandoSentinel:

A fire code violation found at Disney’s Saratoga Springs Resort & Spa caused major construction delays and inflated costs during the hotel’s $48 million renovation, according to a lawsuit that depicts a legal fight between Disney’s timeshare business and an Orlando construction company.

The lawsuit filed by Validus Construction Services owner Nicole Wickens also accuses Disney’s construction team of making misogynistic comments and belittling her with memes and messages, such as texting pictures of hot sauce packets to “emphasize that Disney would put the ‘heat’ on Validus.”

Wickens sued Disney Vacation Club Management last month in Orange Circuit Court for unspecified damages for breach of contract and negligent misrepresentation.

Within two or three weeks into the project, when crews opened up a wall, they found a defect that violated fire and building code. “This life-safety issue existed at the property for more than 15 years without having previously been corrected by Disney,” the lawsuit said.

Disney’s project manager, John Gavin, accused Validus of leading the inspector to point out the fire code violation, the lawsuit said. “In so many words, Mr. Gavin accused Validus of refusing to maintain a conspiracy of silence.” The defect was the lack of proper fire protection in the cavities between floors, the lawsuit said.

Tensions also bubbled up between Wickens and Gavin who harassed and embarrassed her and her team, the lawsuit said. Gavin and the Disney team regularly sent memes to mock her when Validus reached out to discuss matters related to the project, the lawsuit said.

Previously Dismissed “Pirates of the Caribbean” Copyright Infringement Lawsuit Case is Reopened Following Appeals

Posted on by Mathew Corn Uncategorized

A previously dismissed lawsuit claiming an infringement of copyright on Disney’s “Pirates of the Caribbean” franchise has been reopened by the Ninth Circuit Court of Appeals, a move which could potentially lead to trouble for Disney.

According to Bloomberg Law, Producer Tova Laiter sent a screenplay to Disney back in 2000, which Disney declined to buy. The pitch, which was written by Arthur Lee Alfred II and Ezequiel Martinez Jr., was the basis of the lawsuit against Disney, as the owners claimed similarities between their work and “The Curse of the Black Pearl”, the first “Pirates” film which was released just three years later, in 2003.

The district court who handled this 2017 complaint applied the “filtration test” system to the screenplay, which removes unprotectable elements which can not be used to prove ownership. Here, this would be the generic “pirate movie” themes which one would expect to find in such a genre, which cannot be copyrighted due to their established existence in the public eye. What the court never conducted, however, was a “selection and arrangement” test, which would consider the potentially protectable arrangement of such elements, for instance, the way these pirate themes molded together to create the screenplay which Disney ultimately used. Despite Disney winning the original lawsuit on the basis that generic pirate life cannot be copyrighted, the creators of the pitched screenplay argued before the U.S. Court of Appeals for the Ninth Circuit earlier this month for the case’s revival and for these elements to be considered, particularly following the ruling of a similar case  Zindel v. Fox Searchlight over the film “The Shape of Water”. U.S. Circuit Judge Eric F. Melgren claimed that he was ‘troubled’ by the case’s dismissal, due to the ‘closer similarity of issues’ present across both screenplays, which follow similar plot lines and tone.

As the case progresses, this could lead to a clearer weighing of the arrangement of unprotectable elements earlier in copyright infringement cases.

Disney Wins Lawsuit Over Property Taxes

Posted on by Mathew Corn Disney Parks

Disney had sued Orange County Property Appraiser, Rick Singh, arguing the 2019 property tax appraisals for Walt Disney World are too high. Well, we have learned the good news for Disney this morning as the years-long lawsuit has ended in Disney’s favor.

As shared by the Orlando Sentinel:

Walt Disney World and the lodging industry lobby just won a sweeping legal victory that could save Disney and other big hotel owners millions of dollars in taxes. Ruling in a years-long lawsuit between Disney and Orange County Property Appraiser Rick Singh, an appellate court determined that Singh’s office improperly inflated the value of Disney’s Yacht & Beach Club Resort, a luxury hotel with an annual property tax bill of more than $4 million.

But attorneys and appraisers say the decision, which was issued June 19, will reverberate far beyond that one hotel. That’s because the court declared the entire method that Singh had used to appraise the Disney property — a method that is widely used by other property appraisers — is illegal under Florida law.

Now, experts predict that Disney and other hotel companies, whose finances have been crushed by COVID-19, will seize on the ruling and use it to push for lower tax assessments on scores of other properties. Disney alone is already challenging the appraisals for more than 10 other hotels.

“We are pleased that the court concluded that the method used by the property appraiser violated Florida law,” Disney spokeswoman Jacquee Wahler said in a prepared statement. “We look forward to a reassessment of our properties consistent with Florida law and the court of appeal’s ruling.”

27 Yr Old With Spina Bifida Sues Disney Over Frozen Ever After Attraction

Posted on by Mathew Corn Disney Parks, Epcot

The intensity of the various attractions featured across Walt Disney World can vary from person-to-person, depending on their prior exposure to attractions, any existing medical conditions, or even what you had to eat or drink that day. You should always pay attention to any warning signs or inquire with Guest Relations regarding any rides you should skip, or precautions you should take. While some attractions may seem like gentle dark rides, when it comes to rides like Pirates of the Caribbean and Frozen Ever After, unexpected drops may have serious consequences for those who aren’t prepared for them, as described in one of the latest lawsuits to hit Disney.

According to Gabrielle Russon of the Orlando Sentinel, a 27-year-old Chicago-area woman is suing Disney after riding Frozen Ever After in the Norway Pavilion at EPCOT. Amanda Peters, who uses a wheelchair and has spina bifida, made sure to check in with Cast Members before riding the attraction on January 12, but was assured that the ride was gentle and only featured a “small dip.”

If you look at the verbiage used on the attraction’s landing page within the Walt Disney World website, it lists the attraction as a dark slow ride with a “small drop.” Peters had undergone brain surgery six weeks prior to her trip, but was given clearance by her doctor to travel so long as she avoided anything intense and opted for only slow-moving rides like “it’s a small world.” The lawsuit alleges that the online ride descriptions misinformed the family, and that Cast Members were not properly trained.

The ride’s drop led to Peters experiencing a “violent backlash”, hitting her head on the seat and causing mental fog with slurred speech and neck pain. Her family has scheduled an MRI to understand the full extent of the potential damage.

Peters is seeking over $30,000 in damages within the Orange County Circuit Court. Disney has stated that it will “respond to the allegations, as appropriate, in court.”