As previously reported in “In The Know” on March 15, 2018, the plaintiff Denise Daniels (“Daniels”) lost the case involving the Disney movie “Inside Out” on a motion to dismiss.
On August 24, 2018, Daniels filed her opening brief asking the Ninth Circuit to revive her copyright infringement lawsuit, warning that the case will set a “dangerous precedent.” In Daniels’ opening appellate brief she asked the court to overturn the previous dismissal order finding against the plaintiff on her claim that “Inside Out” stole characters from her “Moodsters” collection- which include stuffed animals, story books and movies. The court previously found that Daniels’ characters “did not qualify for the kind of stand-alone copyright protection afforded to James Bond or Godzilla.” But in the opinion of this author, the court failed to consider the use by defendants of multiple elements in combination. See, Death of Copyright 3: The Awakening, (www.LoweLaw.com or https://files.acrobat.com/a/preview/36c5476e-8675-4f57-820b-9f445d893a92)
Daniels’ company, The Moodsters, sued Disney last summer over “Inside Out,” which grossed more that $850 million at box offices worldwide.
The case is Daniels et al. v. The Walt Disney Co. et al., case number 18-55635, in the U.S. Court of Appeals for the Ninth Circuit.
* Lowe & Associates (“The Firm”) is a boutique entertainment and business litigation firm located in Beverly Hills, California. The Firm has extensive experience handling cases involving entertainment law, having provided top quality legal services to its clients since 1991. The Firm is recognized in multiple publications for its many achievements and high ethical standards, including Martindale-Hubbell and Super Lawyers.
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