Kissimmee residents Christopher and Hannah Martin sold Mickey Mouse ears, masks and other items adorned with Disney characters that were just as cute as the Disney official merchandise and even better, cost less than the real stuff.
At least hundreds, maybe thousands, bought the Martins’ products sold online and through the Martins’ Secret Disney Group.
But business got disrupted.
Christopher Martin, using mouse emojis, warned his followers Disney wanted to shut down their Facebook page which had grown to more than 35,000 followers, so he encouraged fans to migrate to a new Facebook group.
Some complained Disney was monitoring them online.
And they were right. Or at least Disney’s legal team was watching.
Multiple social media posts were added as court documents when Disney sued the online retailers last month in U.S. District Court, accusing them of copyright and trademark infringement for selling unauthorized products using Disney’s copyrighted properties.
Disney said it tried to resolve the issue without litigation and sent two cease and desist letters in December 2021. The Martins lied and promised to shut down their enterprise but instead made “superficial changes to their business” and kept selling items, Disney said in the lawsuit.
Furthermore, Disney said in the lawsuit, the Martins confused customers by suggesting their Secret Disney Group was tied to The Walt Disney Co.
Disney pointed to how the Martins listed their shop’s address as “Walt Disney World Resort” on their website and sometimes held giveaways that featured both licensed Disney merchandise and the Martins’ items.