What Is a Characters for Hire Lawsuit?

There are three primary legal functions of an intellectual property lawyer. They are counseling, protection, and enforcement. Counseling clients involves providing advice about how to best protect their intellectual property.
 
Oftentimes, attorneys provide these counseling services in the early stages of intellectual property development. A lawyer may conduct research on the availability of certain proposed trademarks, for example.
 
However, counseling services can also be useful when a trademark has already been established. In these instances, the client may need to make certain adjustments or changes. 
 
Skilled intellectual property attorneys need experience in the issues related to IP infringement and disputes. This will help to ensure that the client’s property can be legally protected.
 
Intellectual property protection typically involves registering the proposed copyright, trademark, or patent. A knowledgeable specialist will ensure that the client’s property is as protected as possible. 
 
Securing the rights to a patent or trademark requires registration with the U.S. Patent and Trademark office. If any issues arise, an IP lawyer will help the client to resolve them before moving forward.
 
Enforcement of intellectual property rights involves actively protecting the rights of the creator or IP owner. For instance, suppose another business entity has wrongfully used copyrighted material.
 
In this case, an intellectual property attorney might file litigation to ensure that the infringement ceases. For any questions or concerns regarding intellectual property law, reach out to the skilled legal specialists at the firm at Morgan & Morgan.
 
The lawyers at Morgan & Morgan can answer questions, including “What is a characters for hire lawsuit?” Our legal team has decades of experience representing clients across the country.

A characters for hire lawsuit is a type of intellectual property dispute. Specifically, this type of lawsuit revolves around the question of whether certain fictional characters can be owned.
 
So what is a characters for hire lawsuit? These disputes center on the use of “graphic” characters.
 
Graphic characters are fictional and are usually depicted in pictorial or cartoon forms. This distinguishes them from fictional characters that are represented through words, such as characters from novels.
 
The most popular graphic characters are typically owned by corporations. They are often used for marketing and sales purposes.
 
In the case of iconic characters, protection of a company’s intellectual property is of immense financial concern. A characters for hire lawsuit is a legal dispute about the potentially unlawful infringement of a company’s intellectual property.
 
Some companies offer services that rely on iconic or recognizable characters. When these businesses operate without the permission of the company that owns these characters, disputes arise.

Disney v. Characters for Hire

“Characters for Hire” is a company that provides costumed entertainers who appear at children’s birthday parties. These entertainers appear dressed as many different famous characters, such as:

• Chewbacca
• Darth Vader
• Iron Man
• Elsa from Frozen
• And more

As a result, the Disney corporation has taken legal action against Characters for Hire. The Disney company alleges that Characters for Hire is using “knock-off” versions of their intellectual property.
 
They allege that the entertainment company is infringing on their property by using characters that are too similar to Disney’s trademarked creations. The Disney company claims that the similarities are enough to confuse consumers.
 
If this was true, it could damage the Disney brand. Characters for Hire claimed that their services were not like Disney’s.
 
Part of the evidence provided by the defendant was the names of the characters. The Characters for Hire website does not feature any of the trademarked Disney characters’ names. 
 
For example, the Chewbacca-like character is called “Big Hairy Guy.” When customers want a performer dressed as Princess Leia, they simply select “The Princess.”
 
Because Characters for Hire avoids using trademarked names, they claim that their business model does not infringe on Disney’s intellectual property. To counter this, Disney’s lawyer presented customer reviews on the Character for Hire website.
 
Many of these reviews referenced the performers using the Disney-trademarked names. They claim that this shows consumers confusion regarding the branding of Characters for Hire’s services.
 
Ultimately, the overseeing judge determined that there was no evidence to show that customers were confused. In other words, Characters for Hire was not found to have violated the Disney corporation’s intellectual property. 
 
The judge pointed out that, although the entertainers are intended for children’s parties, adults are hiring the performers. Because of this, he ruled that consumer confusion was unlikely. 
 
If you need legal assistance regarding an intellectual property dispute, it is vital to contact a knowledgeable attorney. The skilled legal team at Morgan & Morgan will provide you with a free consultation to thoroughly review the facts of your intellectual property case.

Most tort law firms operate with a contingency fee payment structure. With this approach, clients are not responsible for paying upfront legal fees.
 
Instead, the client and attorney agree to a specific portion of the financial return from the case. After the lawyer secures financial compensation, the predetermined percentage is allocated to cover the costs of attorneys’ fees.
 
You should never hire a tort attorney who demands payment before agreeing to take your case. The compassionate lawyers at Morgan & Morgan know that clients often face massive financial difficulties.
 
Because of this, you will not pay a single cent until we recover the money that is rightfully yours. We will calculate the value of your case and fight to get justice for you.

In most cases, the creators and owners of copyrighted material are responsible for protecting their intellectual property. Copyrighting a graphic character involves more than just protecting the use of its look. 
 
Protecting character copyrights also involves taking action against wrongful use of its:

• Specific name
• Dress and general appearance
• Narrative choices
• Personality and character traits

An intellectual property attorney can help you to protect any type of copyrighted material.

It is important to secure the services of a legal expert in the case of an intellectual property dispute. Individuals and businesses have the right to ensure that their original work and inventions are protected.
 
When you need premier legal representation, look no further than America’s largest injury law firm—Morgan & Morgan. Since our firm’s founding in 1988, we have won and settled more than a million claims for our clients.
 
As a result of our sterling track record, our lawyers have secured over $20 billion dollars in financial compensation. Let us fight to recover the financial recovery that you deserve.
 
To schedule a legal consultation with one of our experts, complete the simple contact form on the Morgan & Morgan website.