Cosmetics Manufacturer Files Suit Against Disney Over Use of Tinkerbell
Earlier this week, Icebox-Scoops of Brooklyn, NY filed a lawsuit against Disney in federal court claiming that Disney engaged in unfair business practices, effectually negating existing rights the company had obtained to create and market a line of cosmetics under the Tinkerbell name.
Tinkerbell (as opposed to Disney’s Tinker Bell) is owned by a company called Finanz St. Honore, B.V., who obtained the rights to Tinkerbell in 1951 from Great Ormond Street Hospital (Disney’s Peter Pan was released in 1953). Throughout the years, there has been little dispute to ownership of Tink and according to Finanz, the only limitation they have in regards to use of the fairy is that Disney’s representation of her cannot be replicated.
The complaint states that upon learning of the rights obtained by Icebox-Scoops in 2005, that Disney began negotiating directly with Finanz behind Icebox-Scoop’s back in an attempt to acquire Icebox-Scoops’ rights, resulting in an early termination of Icebox-Scoop’s contract with Finanz.