Author of the DIARY OF A WIMPY KID series Jeff Kinney filed a lawsuit Tuesday in a Boston federal court alleging that DIARY OF A ZOMBIE KID, published by Antarctic Press, “blatantly infringed [Kinney’s] intellectual property and diluted its trademarks.” (Kinney and his company trademarked the “Diary of a Wimpy Kid” title and the name and look of the books’ main character with the US Patent & Trademark Office under “publications, namely a series of children’s books” in Class 16 and, “Board games; card games; plush toys; toy action figures; puzzles” in Class 28, respectively.)
In addition to the “confusingly similar title,” Kinney said “the jacket design of [Antarctic Press’s] infringing works are substantially similar to those of Plaintiff’s series and are obviously intended to confuse the public into believing that Defendant’s books are additions to such series, thereby illegally trading off of the substantial goodwill that has resulted from the significant success of Plaintiff’s books in the marketplace and palming off its own books as those of the Plaintiff.”
Antarctic Books publisher Joe Dunn told the Boston Herald he was aware of the lawsuit, but declined to comment. “Obviously, I would love to talk about it and give my side of it. However I’ve been advised not to say anything.” A lawyer for the publisher said they “will be answering the complaint promptly.” Neither Kinney nor Abrams Books were reachable for comment.
Kinney Complaint [PDF]