Jeff Kinney, the author behind the $500 million Diary of a Wimpy Kid franchise, has sued Antarctic Press, accusing the comic publisher of violating trademark laws with its Diary of a Zombie Kid series.
TheWrap reports the lawsuit, filed Tuesday in U.S. District Court in Boston by Wimpy Kid Inc., accuses the San Antonio-based publisher of using a title and cover design “confusingly similar” to those of the Wimpy Kid books in an obvious attempt “to confuse the public into believing that defendant’s books are additions to such series.” Read the lawsuit here.
Created by Fred Perry and David Hutchison, the August-debuting Diary of a Zombie Kid follows Bill Dookes, a fifth-grader whose mother volunteers for medical research only to bring home a mysterious zombie virus that leaves her son with “skin problems and body chemistry changes that make puberty look like a walk in the park” — not to mention a growing appetite for brains. A sequel, Diary of a Zombie Kid: Rotten Rules — an apparent nod to Kinney’s second book Rodrick Rules — is set for release in January.
Kinney’s six-book Wimpy Kid series, presented as the journal of middle-school student Greg Heffley, has sold more than 52 million copies in North America alone since its 2007 debut and spawned two movies and numerous merchandising tie-ins, including clothes, toys and games.
The complaint accuses Antarctic of trademark infringement, copyright infringement, false designation of origin, trade dress infringement, trademark dilution and deceptive trade practices, and asks the court to permanently enjoin the publisher from further infringement. Wimpy Kid Inc. also seeks triple damages, in addition to attorney’s fees and Antarctic’s profits from Diary of a Zombie Kid.
Antarctic Press Publisher Joe Dunn declined comment to the Boston Herald, saying, “Obviously, I would love to talk about it and give my side of it. However I’ve been advised not to say anything.” His attorney said the publisher will be answering the complaint “promptly.”
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