had accused Disney in a lawsuit
of stealing their Christmas-themed tale, "Santa Paws," and spinning it into a pair of DVD movies by the same name.
In granting Disney summary judgment, U.S. District Judge Catherine Perry
conceded that there were indeed some "abstract similarities" between the recent Disney features and the 1991 storybook created by St. Louisans Ray Harter Jr.
and Ed Corno
(a third plaintiff, Richard Kearney
, now lives in Tennessee).
For example, both works involve an orphaned dog who gets adopted by Santa and saves Christmas. Then there was also something about a magic icicle (?).
But on the balance, Judge Perry wrote, Disney's DVDs "are not
substantially similar to any protected expression in plaintiffs'
What's interesting about all this is that the plaintiff's attoney, Al Watkins
claims to have evidence that Disney was actually exposed to the 1991 storybook: In
the early nineties, the three authors asked William Morris Agency to
shop it around. By 1996, various entities were showing interest,
including Buena Vista Home Entertainment, Inc., an arm of Disney. But
nothing ever came of it.
Then over a decade later, the DVDs came out. The men found out and filed the suit last December.
However, apparently that the case didn't progress far enough for any of this to be an issue.
Watkins did e-mail us this statement:
appears the Court's opinion was well thought-out, consistent with legal
precedent and crafted eloquently. That being said, my clients disagree
with the subjective findings giving rise to a resounding victory for
Disney. Tinker Bell should be very proud.
On Thursday, a federal judge ruled against two St. Louis County men who