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Does "looking and acting" like a Disney Princess violate copyright or trademark laws? I started a business doing these parties.

Asked almost 3 years ago - Boise, ID

I dress up as Princesses similar to that of Disney Princesses. I have altered the names from, example "Sleeping Beauty" to "Sleeping Princess," My costumes are similar, but are made slightly different. Also, the hairstyles and acting are very similar to that of Disney. This is a business and is beginning to become profitable. I mainly appear at peoples homes but I am starting to attend larger events and charities.

Could this be construed as a violation of Disney's Trademarks and/or Copyrights? Is there a way I can mitigate or completely eliminate my risk of Infringement?

Thanks for your help!

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Attorney answers (2)

Jon Kenneth Perala

Reputation Level 9

Answered almost 3 years ago. Trademark Application Attorney in Chicago, IL.

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This is a difficult question to answer without actually seeing your costume and act. The tale of "Sleeping Beauty" was originally published in the 17th century, so Disney cannot sue you for your use of the story itself. However, from your description of your act, it sounds like you are trying to cash in on the popularity and fame of the Disney character. It would depend on how closely your character resembles Disney's Sleeping Beauty.

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Laura Mcfarland-Taylor

Reputation Level 18

Answered almost 3 years ago. Trademark Application Attorney in Bolingbrook, IL.

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Mr. Perala is correct that it is no possible to really give you a definitive answer without seeing your costume and act, but I think the question you really need to consider is this: if Disney finds out about your business will they attempt to shut you down. I can almost guarantee you that the answer to this question is “yes.”

Disney is especially vigilant in protecting its intellectual property rights and the issue is not whether they could be successful in a suit against you, but whether you can afford to defend against such a suit. If Disney sends you a “cease and desist” letter and does not file suit, they might be satisfied with you shutting down the business. However, they may well ask for an accounting of all the money made by the business and for a cut of that money.

If you really want to run this business you should consult with an attorney who is knowledgeable in intellectual property matters. Ultimately, only you can decide if the risk is worth it.

Good luck.

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