Icebox-Scoops, Inc. v. Disney Enterprises, Inc.

Icebox-Scoops, Inc. v. Disney Enterprises, Inc.

2d Cir. (2013)

On March 22, 2013, the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s judgment in favor of our clients Disney Enterprises and The Walt Disney Company. Plaintiff Icebox-Scoops Inc. sued Disney after a third party terminated Icebox’s license to certain TINKERBELL trademarks and sold the marks to Disney. The court below (U.S. District Court for the Eastern District of New York) held that none of Icebox’s claims for unjust enrichment, constructive trust, declaratory judgment, or unfair competition could survive a motion to dismiss. The Second Circuit affirmed.