A San Francisco-based tattoo artist, known as Sweet Cicely Daniher, is suing the Walt Disney Motion Pictures Group, Pixar Animation Studios and Kori Rae, producer of the movie Onward, for creating an animated version of her unicorn van without her permission. Moreover, Daniher alleges that her “vanicorn” was copied under “wickedly misleading pretenses.” As such, the plaintiff demands compensatory damages, statutory damages, and an injunction, such as to restrain the defendants from promoting, selling, or marketing the allegedly infringing motion picture, which is set to release in March.
Daniher is an artist, photographer and tattooist based in San Francisco’s Mission District since the late 1990’s. According to her complaint, she regularly posts photographs of her work, as well as of random objects that look like unicorns via her various social media profiles and websites. As part of her fascination with unicorns, the plaintiff published a book consisting of her photographs of random objects appearing similar to unicorns, titled “I See Unicorns.” Overall, Daniher claims that unicorns have long been a central theme and subject matter of her artistic work.
At issue in the present lawsuit is Daniher’s dark blue/purple 1972 Chevrolet G10 van. Since Daniher purchased her van in 2014, she has consistently posted images and expressed her intention to paint a unicorn mural on the side thereof. Later in 2014, after implementing tremendous specificity regarding the coloring and appearance of the van’s unicorn mural, Daniher applied her design to the side of her van. Around the same time, she posted a photograph on Instagram of the mobile mural, thereafter christening it as the “Vanicorn.” Following the “vanicorn’s” publication revelation, Daniher and her vehicle have enjoyed considerable press and media attention
Subsequent to publication of her vehicle’s creative mural, Daniher was contacted by a representative from Pixar inquiring about renting the “vanicorn” for a one-day social event/musical festival taking place at Pixar’s facility for its employees in September of 2018. In the correspondence that followed, the Pixar agent allegedly represented that the van would be used as a “show piece” and “not used in any way other than a visual prop.” In addition, the parties’ agreement expressly limited the van’s use to the production of Pixar’s one day music festival/activity day for employees and their families only. The parties agreed to the exchange of the vanicorn for three and a half days for a confidential sum of money.
A few months later, around May 2019, Daniher learned that Pixar was producing a 3D computer animated motion picture, entitled “Onward,” about two blue elves who are searching for a magical way to reunite with their deceased father. In pursuit of this goal, the elves use the services of a third character, “Guinevere,” a dark blue/purple van with a large mural of a unicorn on its side. Daniher alleges that the mural featured in the film is “a direct copy and/or visual duplication and/or doppelganger” of her vanicorn. Daniher published on her Instagram account that the van featured in the defendants’ motion picture infringed her van’s copyright. A few days after Daniher posted on her social media, Kori Rae allegedly called Daniher and apologized for the theft of the vanicorn, openly admitting to such theft.
In her complaint, Daniher alleges copyright infringement of her vanicorn, for which she has registered a copyright with the United States Copyright Office. Under the Copyright Act, Daniher possesses the exclusive right to publish, copy, and distribute her work and these rights vested from the time of creation of her vanicorn. Because the tattoo artist is likely to argue direct copying, due to Pixar’s immediate access to her vanicorn (in addition to the van’s extensive online publication), she will need to prove that the two unicorn vans are substantially similar. Disney/Pixar has not yet responded to Daniher’s allegations.