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Comic Books

WIMPY KID VERSUS ZOMBIE KID

Earlier this week, Wimpy Kid, Inc., filed a lawsuit against Antarctic Press in federal court in Mass., claiming trademark infringement, trademark dilution, copyright infringement, and more counts. Wimpy Kid publishes the “Diary of a Wimpy Kid” series of illustrated books, which debuted in April 2007 and have since sold 52MM copies in North America alone. The latest Wimpy Kid book (the 6th) “Cabin Fever” is anticipated to be one of (if not the) top selling books this holiday season. Antarctic Press has published a book, “Diary of a Zombie Kid” which has similar illustrations, cover art, and other stylistic points similar to “Diary of a Wimpy Kid” in what looks like a parody. Generally, parodies are protected speech. For example, if SNL did a sketch making fun of ‘Avatar’ that is probably fine. Here, clearly Wimpy Kid thinks the parody went too far and poses a risk of confusing consumers into thinking that Zombie Kid is not just a parody, but part of the Wimpy Kid series of books.

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About Nerds in Court

John G. Nowakowski, Esq. (LLMT), is a graduate of the University of San Diego School of Law, and is licensed to practice law in California and Nevada. Christina R. Evola, Esq. is a recent graduate of the University of San Diego School of Law where her studies focused on intellectual property, antitrust, and media law. She is a lifelong gamer and avid cosplayer. DISCLAIMER: ‘Nerds in Court’ is for entertainment purposes only. Nothing should be construed as legal advice, or any advice for that matter, and no attorney-client relationship is formed by reading these posts. Do not consider information provided here as a substitute for obtaining legal advice from a qualified, licensed attorney in your state.

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