Unauthorized Disney Merchandise

[Groot]

AGREE

And I think there is a huge difference between your average Etsy seller who is busy making product in their home or small craft space VS this duo who are having their ears mass produced in China, dumping a large quantity into the market. These guys DO impact Disney sales, most Etsy do not. Disney has no choice but to go after them, especially given their arrogant behavior and ignoring Disney's legal team.

And their most recent post is about how they’re “making” the ears at “home”.

 

[HopperFan]

And their most recent post is about how they’re “making” the ears at “home”.

Don't stand too close to them ... you'll get your eye poked.

 

[nw6675]

They posted a TikTok Q&A between the husband and wife. I guess there is also speculation that she is a mail order bride. First I've heard of that piece (not that it pertains to the merchandise lol).

 

[kylenne]

They posted a TikTok Q&A between the husband and wife. I guess there is also speculation that she is a mail order bride. First I've heard of that piece (not that it pertains to the merchandise lol).

I swear this whole situation is starting to sound like a Coen brothers movie.

 

[wkrainey]

Wow, this is interesting, Like how do they even choose where to start to sue.... there are huge amounts of people who sell Disney inspired products on Etsy, it is literally a complete underground economy, fueled by WDW: Mickey ears, 3D printed items, jewelry for pick a pearl, handmade Kyber crystal necklaces, all kinds of themed clothing for kids and adults, run Disney gear, hand crocheted droid and Grogru hats, accessories for droids.... you can kill hours looking at all the cool stuff. When we have a trip coming up, I prefer either making my own ears or buying off Etsy myself, better quality and usually a small business person making it by hand.

Disney regularly goes through sellers on a semi-regular basis. Usually at least once a year they'll flag sellers who do copyrighted stuff. I think the big gray area for them is sellers that utilize licensed products to make merchandise. Those are legitimate business, vs.

Disney tried, on multiple occasions to get this couple to stop. They didn’t. The not only didn’t, they continued their antics. Most people would have gotten those letters and immediately stopped.

In regards to the video, this guy went to DS (where he could have visited guest services) but decided to bus to MK instead of driving. He said he know his pass was having issues (it’s why he didn’t want to go to parking booth). This was orchestrated. He was ready to film this for further attention.

Either they are getting awful legal advice or just plain ignorant. He also puts himself at risk for his employer (since he posts about working for Southwest Airlines) for this type of behavior.

Not only this, they were mixing Legitimate Disney merchandise with their products. They took photos of their products inside the parks with iconic locations as background. Their logo was subject to a Trademark infringement as well as their products. Basically to the untrained eye, an unaware consumer could make a reasonable assumption that they were affiliated with Disney directly vs a 3rd party selling similar products. This is why Disney has issues with them.

 

[Suger Mag]

Disney regularly goes through sellers on a semi-regular basis. Usually at least once a year they'll flag sellers who do copyrighted stuff. I think the big gray area for them is sellers that utilize licensed products to make merchandise. Those are legitimate business, vs.

True a lot of the items fall into a grey area... kinda like Disney bounding... not really a full costume, but the colors and trims of Snow White for example. Many of the Etsy items are themed rather than outright characters.... or at most symbols associated.... for example for my upcoming trip I got off Etsy Hercules themed 3D printed Mickey ears of gold lightning bolts which I further customized with clouds and lights (look for me April 15-21).

 

[nw6675]

I just read that AP holders who wore the ears and advertised how to get them from the Martins will likely have their APs revoked. Just wearing them was ok, but not the advertising part.

 

[bcla]

True a lot of the items fall into a grey area... kinda like Disney bounding... not really a full costume, but the colors and trims of Snow White for example. Many of the Etsy items are themed rather than outright characters.... or at most symbols associated.... for example for my upcoming trip I got off Etsy Hercules themed 3D printed Mickey ears of gold lightning bolts which I further customized with clouds and lights (look for me April 15-21).

I've seen stuff at mall kiosks that come really close to Disney's "trade dress" (i.e. "look and feel" of a product or design). Some might just show stuff like Mickey Mouse style gloves and Disney script lettering. And then there are ones like this that don't look to be licensed.

 

[Suger Mag]

I've seen stuff at mall kiosks that come really close to Disney's "trade dress" (i.e. "look and feel" of a product or design). Some might just show stuff like Mickey Mouse style gloves and Disney script lettering. And then there are ones like this that don't look to be licensed.

what I think is funny is when I see reverse merch... something that started on Etsy and then gets copied by WDW.... for example there have been light up lightsaber ears on Etsy now for a few years, they use these lighted chopsticks.... .... and just recently now WDW has their own official lightsaber ears

 

[EdnaMarieMode]

Their logo was an almost exact copy of the logo on licensed Disney merchandise (resembled the Disneyland park entrance).

They used “Walt Disney World Resort” as their return and business address.

They were issued a cease and desist and instead of stopping they promoted a sale to push as much merchandise as they could. They also went on social media sharing the court documents and were almost mocking the whole situation.

They resold licensed Disney merchandise which is a violation of the terms of use for an Annual Pass.

Yes, there are A LOT of places selling ears or other Disney knockoff merchandise. The Martins got caught (largely because of trying to mislead people that they are Disney affiliated).

 

[bcla]

They resold licensed Disney merchandise which is a violation of the terms of use for an Annual Pass.

Depends on what was done. The only restriction for annual passes is that the passholder discount can't be used to obtain items for resale. But entry and use of parking isn't barred by the rules. They also have some gray area, including that passholder benefits can't be shared, but that would seem to preclude buying a meal for a friend at that discounted price or giving a present purchased with such a discount.

 

[nw6675]

From Disney Fanatic, regarding the AP holders advertising his ears-

"Now, it appears that Martin may not be the only one Disney has its sights set on. TikToker Duchess (@violettarantula), those who advertised Martin’s ears while at Disney Parks, may have their Annual Passes revoked by Disney. Multiple exhibits were used in the lawsuit, featuring a number of Guests wearing Martin’s ears. Per the Annual Pass agreement that these Guests signed, they are not allowed to advertise the ears on social media. Simply wearing the ears to the Parks is fine, but sharing pictures of the ears and where to get them violates their contract."

 

[Groot]

Dang. That’s pretty much a going out of business thing.

 

[Lewisc]

They also have some gray area, including that passholder benefits can't be shared, but that would seem to preclude buying a meal for a friend at that discounted price or giving a present purchased with such a discount.

That means you can't loan out your AP to friends and family. That's why some locations ask for photo ID.

At one time there was a limit on how many guests you could discount at a meal. I think it was up to a party of 6.

Pretty sure a personal gift to a friend or family member is OK. A "gift" to an Ebay "friend" NOT OK

 

[Brian Noble]

The only restriction for annual passes

There are restrictions on APs, but there are also rules about what you can and cannot do in the Parks.

https://disneyworld.disney.go.com/park-rules/

One of the prohibited activities: "Photography, videotaping or recording of any kind, or otherwise engaging in any activity, for unapproved commercial purposes."

The ticketing T&C also say that: "Disney shall have the right to cancel any ticket or tickets or any feature or features of any ticket or tickets at any time and for any reason and provide a refund. Tickets are nonrefundable unless cancelled by Disney. If Disney cancels a ticket due to misconduct of the holder, no refund shall be due."

Do people violate those rules all the time? Yes. Does Disney do anything about it most of the time? No.

But that doesn't matter, because Disney can do something about it if they choose to. And, Disney is not known to react benevolently when you deliberately thumb your nose at them. In fact, they can get downright petty.

Disney can also just decide that what you are doing is not okay. Back in the day, one of the podcasters used to do "insider tours" of the different lands--for example, telling the stories behind the windows on Main Street. I can't remember who it was, exactly, but I do remember that they got a C&D letter.

 

[NJlauren]

That means you can't loan out your AP to friends and family. That's why some locations ask for photo ID.

At one time there was a limit on how many guests you could discount at a meal. I think it was up to a party of 6.

Pretty sure a personal gift to a friend or family member is OK. A "gift" to an Ebay "friend" NOT OK

Technically I think it’s limited to 4 at a meal now, though not usually enforced.

Last trip we were a group of 7 and only 1 meal did they ask to see more then one AP to apply the discount to everyone. All the others they let us use only 1 AP and applied the discount.

 

[dioxide45]

They resold licensed Disney merchandise which is a violation of the terms of use for an Annual Pass.

I know there are all kinds of "resellers" that walk through the park stores doing live streams. People tell them they want this or that and they toss it in their basket. They usually mark items up 20%+shipping. I would say almost without a doubt that they are using their AP discount too. I have even seen it during 30% off sales that Disney runs now and then for APs. But do they charge 20% on top of the full price or discounted price...

One of the prohibited activities: "Photography, videotaping or recording of any kind, or otherwise engaging in any activity, for unapproved commercial purposes."

This is an interesting one with all the vloggers in the parks. Disney doesn't take issue with them. However, I think the rule is probably more there to stop people from getting wedding or senior photos taken in the park. That is probably a big no no.

 

[nw6675]

And the resellers that not just buy and put on eBay, but have a whole business dedicated to concierge service to buy on behalf of others. I guess the eBay sales are worse than Jane Doe Business buying me something at the parks that I can't go and get myself, but still seems kind of the same.

 

[NJlauren]

And the resellers that not just buy and put on eBay, but have a whole business dedicated to concierge service to buy on behalf of others. I guess the eBay sales are worse than Jane Doe Business buying me something at the parks that I can't go and get myself, but still seems kind of the same.

I have used a shopper, my daughter wanted a specific toy from Santa, you could only get it at the parks, it wasn’t high demand or anything but way cheaper for me to pay $20 to a shopper then to fly down to get it.

But a shopper who buys all of the limited addition items is different.

This is my opinion only of course.

 

[SL6827]

Personally. I think Disney would be smart to copy this design from Etsy.