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Disney has a Slam Dunk Lawsuit Against DeSantis, But It’s Not the One You Think

Disney has a slam dunk lawsuit against DeSantis
Credit: Walt Disney Company/Rolling Stone

You’ve probably heard by now that the Walt Disney Company is suing Florida Governor Ron DeSantis and the Central Florida Tourism Oversight District. You’ve also probably heard that DeSantis’ board is also countersuing Disney. Neither is news to you unless you’ve been living under a rock for the past few months.

Depending on what “legal expert” you ask, you will hear about the strength of Disney World’s First Amendment case against Governor DeSantis and the Central Florida Tourism Oversight District. Or if you ask another one, they will tell you about how DeSantis and his board have a solid case to be made against Walt Disney World.

Disney has a slam dunk lawsuit against DeSantis

Credit: Disney/Rolling Stone

But all “legal experts” can agree on one thing: Disney has a slam-dunk case against Governor DeSantis if they want it, but it’s not for the case that you think.

Over the past few months, DeSantis took a tour of the country promoting his book, The Courage to be Free. While on time, Governor DeSantis would give a brief speech, depending on the venue, and occasion, it would be a long speech. He would then sign some books and move on to the next tour date. DeSantis’ tour somehow took him to several states that vote early in next year’s Republican primary, including New Hampshire, Iowa, South Carolina, Nevada, and New York.

Like every other artist on tour, DeSantis sold merchandise. There were t-shirts, aprons, beer cozies, and hats. One hat, in particular, could end up causing DeSantis the most trouble.

Disney has a slam dunk lawsuit against DeSantis

Credit: D23

The hat in question spells out DeSantis’ name using Disney’s iconic scripted D and lettering resembling Walt Disney’s signature. Under Governor DeSantis’ name are the words “President 2024.” Unfortunately for DeSantis, not only is Disney’s name trademarked by the Walt Disney Company, but so is his scripted signature, including using all of the letters. If you copy that signature or the style of that signature in any way, you’ve violated a United States trademark.

Florida State University IP Law Professor Jake Linford told Bloomberg Law:

If you take out the political stuff, it’s a slam-dunk case for Disney. Does the political aspect change things? The answer is a solid ‘maybe.’

The question is: does the Walt Disney Company want to fight a battle against Governor DeSantis on another front? The answer is probably not. There is very little for them to gain in this type of lawsuit. IP Law Professor at American University Christine Haight Farley put it this way:

This is an interesting theoretical question: ‘What would trademark law say in a dispute like this?’ Disney would be wise to not step in it. There is a case to be made there is a message here: ‘Join me, we’re going after Disney, I’m trying to poke them in every way’

Disney has a slam dunk lawsuit against DeSantis

Disney CEO Bob Iger (left); Florida Governor Ron DeSantis (right) / Credit: Disney/ABC

Related: How is this Going to End? The Possibilities for a DeSantis/Disney Feud Ending

Now we wait and see just how petty Disney CEO Bob Iger will be. Will he take Florida Governor Ron DeSantis to court again for something as trivial as a trademark dispute? Maybe. Just when you thought we might be getting out of these lawsuits, Disney and DeSantis dragged us right back in.

We will continue to keep you updated on this story at Disney Fanatic.

About Rick

Rick is an avid Disney fan. He first went to Disney World in 1986 with his parents and has been hooked ever since. Rick is married to another Disney fan and is in the process of turning his two children into fans as well. When he is not creating new Disney adventures, he loves to watch the New York Yankees and hang out with his dog, Buster. In the fall, you will catch him cheering for his beloved NY Giants.

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