A California judge determined that Disney's 'Olu Mel character debuted months before Enos' Honu did
Disney has emerged victorious from a copyright suit filed by Hawaii-based artist Johnson Enos over the use of a blue-eyed, ukulele-playing sea turtle character, reported Reuters.
Enos claimed in 2023 that Disney aped its character 'Olu Mel, which is featured at the entertainment giant's Aulani Resort, from his character Honu. However, California-based district judge Dale Fischer dismissed Enos's case after determining that 'Olu Mel had the ukulele "months before Johnson Enos' blue-eyed cartoon turtle even picked up his ukulele for the first time," as per a statement published by Reuters.
Honu was reportedly created in 2006 as the central character of 2012 children's musical "Honu By The Sea." Enos said he had discussed a collaboration with Disney employees during a California meet-up in 2008 and that Disney executives had seen the musical in 2012 and 2015.
"Honu By The Sea" has been staged in Hawaii, California, Australia, and Japan.
After 'Olu Mel debuted at Disney's Hawaii resort in 2018 as part of the brand's "Duffy and Friends" character line, Enos claimed that the character was "strikingly similar" to Honu, as per a statement published by Reuters. He sought unspecified monetary damages over what he said was Disney's copyright infringement and unfair competition attempt.
However, Fischer said Honu was distinguishable from stock turtles only by virtue of having blue eyes and being musically inclined. Thus, 'Olu Mel and Honu were not similar enough to constitute copyright infringement.
Reuters reported that Disney, Enos, their attorneys, and spokespeople did not immediately respond to a request for comment made last Tuesday. Aaronson & Aaronson's David Aaronson and Arthur Aaronson represented Enos; Mitchell Silberberg & Knupp's Bradley Mullins and Lucia Coyoca acted for Disney.
The case is Enos v. Walt Disney Co., U.S. District Court for the Central District of California, No. 2:23-cv-05790.
