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Felix the Cat sues Kit-Cat Klocklawsuit claims kitsch clock ripped off 1920's cartoon feline
After 60 years, the owners of cartoon star Felix the Cat decided that the Kit-Cat Klock looks too much like their creation.
(Source: www.nydailynews.com) Insert your own "cat fight" joke here. Don Oriolo, who owns the rights to the classic toon star Felix the Cat, is suing the California Clock Company, makers of the kitschy Kit-Cat Klock, claiming copyright infringement. Retailers like Walgreens, Bed Bath & Beyond, Amazon.com and Barnesandnoble.com were also named in the lawsuit, since they've been selling the Kit-Cat Klock in stores and online. Oriolo says that the wagging wall clock, which celebrates its 75th anniversary this year, is a "blatant knock-off," violating about 100 copyrights registered in the past century. Court papers even claim that the California Clock Co. regularly called their clock "the Felix Clock." The California Clock Co. responded that its use of Felix's name came not from the classic cartoon, but from the Latin word felicitas, which means 'happiness.' "That claim fails the straight-face test," retorted Oriolo's attorney, Robert Meloni. Meanwhile, California Clock's lawyers are asking why Felix's owners took so long to file a lawsuit. In its rebuttal, attorney Saul Ewing wrote that Oriolo "has failed to offer an explanation as to why it waited so many years before filing its claim for trademark infringement. The reason for this is that [the company] does not have an explanation." Manhattan Federal Judge Deborah Batts, eager to wash her hands of this convoluted case, sent the lawsuit to be heard before a jury. "Whether there exists a substantial similarity between the two characters is a highly fact-specific question better left to the province of a jury," Batts wrote in her decision. Felix the Cat was probably the biggest cartoon star of the silent era. Making his debut in the 1920 theatrical short Feline Follies, the animated cat was an instant hit. Felix was the first cartoon star to attract audiences to movie theatres solely upon his name. Several manufacturers made Felix stuffed toys, and jazz musicians like Paul Whiteman recorded songs about him. The tune "Felix Kept on Walking" was one of the biggest hits of 1923. Felix also claims to be the first television star, since a 13" papier maché statue of the cat was used by RCA when working on their first experimental broadcasts in 1928. Felix's origins are in dispute. Both Sullivan Studios owner Pat Sullivan and animator Otto Messmer take credit for creating the cartoon star. Sullivan said that the idea was inspired either by Rudyard Kipling's short story The Cat that Walked By Himself or his wife's love of stray cats. As studio owner, Sullivan certainly owned the copyrights to Felix the Cat. On the other hand, Otto Messmer was most associated with Felix, since he drew the cat for the longest time. For the record, the official Felix website backs Messmer's claim. Felix's popularity abruptly waned in 1929, when talking pictures came into vogue. Pat Sullivan didn't think "talkies" had any future and Felix was quickly upstaged by newer characters such as Disney's Mickey Mouse. Felix (and Sullivan Studios) was gone by 1930 and Pat Sullivan died of alcohol-related causes in 1933. Felix the Cat returned to television in 1953, although Otto Messmer had been drawing a Felix comic strip continually until his retirement in 1954. Messmer's assistant, Joe Oriolo, took over and put together a deal with Pat Sullivan's nephew to produce a new series of Felix shorts for TV. This new series paled in comparison with the original Sullivan-Messmer shorts but proved popular with children. Don Oriolo started assisting his father and eventually took over ownership of Felix the Cat after his father's death in 1985. He produced 1988's Felix the Cat: The Movie. Despite the flick flopping in theatres, Oriolo produced The Twisted Tales of Felix the Cat, Baby Felix (for the Japanese market) and the direct-to-video Felix the Cat Saves Christmas. Felix has also appeared on everything from coffee mugs to Nintendo games. The plastic Kit-Cat Klock first appeared in 1932 and, with its moving eyes and wagging tail, was instantly successful during the Depression. Ever since then, the California Clock Company has been continually selling the black-and-white cat clock, only making minor cosmetic changes to its image. According to the official site, the Kit-Cat Fan Club boasts over 10,000 dues-paying members from around the world. In the 1980's, the California Clock Co. changed the internal electronics in order to curtail rising production costs. The California Clock Co. also started diversifying their line during the 80's, offering the Kit-Cat Klock in various colours (including jewel-encrusted and luminous versions), and slapping the smiling feline's face on everything from watches to baby t-shirts and cookie jars. "The record is clear that distribution and sales of Kit-Cat products have increased considerably in recent years, necessitating this action," Oriolo's lawyers claim in the original lawsuit, filed in 2004. Fun Fact: Never trust a smiling cat. They're up to something.
The copyright of the article Felix the Cat sues Kit-Cat Klock in Vintage Animated Films is owned by Dominic von Riedemann. Permission to republish Felix the Cat sues Kit-Cat Klock in print or online must be granted by the author in writing.
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