Entertainment Law Reporter
September 2006 Volume 28 Number 4

Disney movie “Up, Up and Away” did not infringe “Earth Protector” trademark

The Walt Disney Company did not infringe the trademark of an environmental organization called “Earth Protector” by naming a company “Earth Protectors” in Disney’s movie “Up, Up and Away.” A federal Court of Appeals held there was no likelihood the real organization would be confused with the movie’s fictional company. The appellate court’s ruling affirmed a lower court decision that had come to the same conclusion (ELR 27:7:11).

Davis v. Walt Disney Co., 430 F.3d 901, 2005 U.S.App.LEXIS 26461 (8th Cir. 2005 )