The success of Disney’s latest movie “Brave” in its opening weekend will be surprising to few.  Their latest offering has been endorsed by the Scottish Government, evidently hoping to capitalise on its Scottish theme and features a princess who relies on her bravery and archery skills to undo a beastly curse.  It has not upset the opening weekend trend, already grossing over $80 million worldwide although, what Disney and the adoring masses may not have expected is the film becoming mired in trademark disputes. 

Kiara the Brave

Shortly before the release of the Disney film, a company called Phase 4 Films released a low-budget animated film called “Kiara the Brave.”  Kiara did not have the chance to fill cinema seats and was instead distributed through iTunes, Amazon and some digital TV ‘on demand’ services.

There are, to Disney’s possible ire, striking similarities between the two productions.  The lead character and the plot of Kiara appear on the face of it to borrow heavily from the Disney feature, something which Phase 4 Films seem eager to capitalise on.  Beyond the heroine’s similar hair colour, royal lineage and penchant for a good fight, Phase 4 has made sure of emphasising the word "brave" in its promotional material and used a strikingly similar, rock-like font in its title design.

Disney the brave?

Despite the obvious similarities, will Disney brave the costs and complications of litigation when courts have traditionally set a high bar for what constitutes copyright infringement?  It is generally not enough that the style and certain story elements are copied (or at least appear to be) as the whole production has to be substantially similar in plot and tone to be deemed to be copied.  In some cases, access to the script by the copier is even required to prove that this was genuinely illegal.

In relation to trade mark infringement, titles of films traditionally have very little protection.  Although Disney has filed multiple trade mark applications for the word “Brave”, the applications have not yet been issued due primarily to an opposition filed by The Atlanta Braves, a baseball team who have already registered “Brave” as a trade mark.  

As a result of this, it is possible that Disney will have to put up with Kiara the ugly sister at least for the time being and trust that true Disney fans will recognise the difference between the stunning Scottish Highlands and the cheaply produced landscapes of Dreamzone, where Kiara resides…