A Spirited Dirty Dozen ...

ProfSavage

Well-Known Member
Chinese theme parks ripping-off Disney (and Nintendo and Dremworks, among other franchises) has been going on for YEARS. I would like to direct attention of the class to Shijingshan Amusement Park (before Disney cracked down on them and they shut down).

Here is provided some required reading:

Entry number three on Cracked's list: http://www.cracked.com/article_15955_the-9-most-baffling-theme-parks-from-around-world.html

China even has a counterfeit WoW themed theme park: http://www.ign.com/articles/2013/01/16/chinas-massively-illegal-world-of-warcraft-theme-park

This is nothing new. But it'll be fun to watch Disney and Wanda to duke it out.
 

ford91exploder

Resident Curmudgeon
A good reputation for building malls that is, not much else. That movie park in Wuhan that cost $2.5 billion, has completely flopped, it's literally as barren as your typical local history museum.

In a Disney - Wanda horse race in China my money is on Wanda. Would not surprise me in the least if Wanda ended up controlling Shendi
 

Stripes

Premium Member
In a Disney - Wanda horse race in China my money is on Wanda. Would not surprise me in the least if Wanda ended up controlling Shendi
I wouldn't be surprised if the Shendi Group has been feeding all of Disney's intellectual property to Wanda this whole time.

It's like when the Chinese government demanded to look at Apple's code for their iOS operating system. Ahem, for "security reasons".
 

WDWFigment

Well-Known Member
Iger gets another taste of how business is done in China:

...

Note the response from Wanda:

“The non-Wanda characters were operated by individual stores within Wanda Mall. They do not represent Wanda,” Wanda said in an statement Sunday in response to Bloomberg’s queries.​

I can imagine scenarios where Disney spends months taking legal action chasing these "individual stores" with Wanda denying any responsibility throughout, only to have it pop up elsewhere after that case is settled.

Given his power and influence, Wang Jianlin could end this in an instant if he wanted to. If this drags out, he is allowing it to happen just to irritate Iger.

My takeaway from this is totally different than Iger getting a "taste" of how things are done in China.

I suspect Disney is quite aware that this is occurring at individual stores, and they have about as much viable recourse here as they do against the endless parade of Mikey Mousses in Times Square (...in New York City, epicenter of capitalism and democracy...).

IMO, no legal action will occur, nor is there any intent to act. Rather, this is an implicit response to Wanda's statements from last week, and a clever one at that. If Iger responds to those remarks directly, it comes across as a petty ing match between two CEOs. Both come away looking bad. (Much as Iger did last week when his private FB post somehow leaked to TheWrap.)

This indirect response allows the media to connect Disney's statement and Wanda's; readers will look at the photo (overlook the statement about it being an individual store), and easily come to the conclusion that Wanda is a second-rate pretender puffing its chest with the prior statements. Wanda will be embarrassed on the worldwide stage for something it didn't even do.

As a corollary to that, anyone who thinks Disney didn't know IP rights are poorly enforced in China before beginning the SDL project is insane. It's not like Iger picked up the China Daily, saw that photo this morning, and used the IgerPhone to dial up Disney Legal. This is posturing, plain and simple.
 

Stripes

Premium Member
My takeaway from this is totally different than Iger getting a "taste" of how things are done in China.

I suspect Disney is quite aware that this is occurring at individual stores, and they have about as much viable recourse here as they do against the endless parade of Mikey Mousses in Times Square (...in New York City, epicenter of capitalism and democracy...).

IMO, no legal action will occur, nor is there any intent to act. Rather, this is an implicit response to Wanda's statements from last week, and a clever one at that. If Iger responds to those remarks directly, it comes across as a petty ****ing match between two CEOs. Both come away looking bad. (Much as Iger did last week when his private FB post somehow leaked to TheWrap.)

This indirect response allows the media to connect Disney's statement and Wanda's; readers will look at the photo (overlook the statement about it being an individual store), and easily come to the conclusion that Wanda is a second-rate pretender puffing its chest with the prior statements. Wanda will be embarrassed on the worldwide stage for something it didn't even do.

As a corollary to that, anyone who thinks Disney didn't know IP rights are poorly enforced in China before beginning the SDL project is insane. It's not like Iger picked up the China Daily, saw that photo this morning, and used the IgerPhone to dial up Disney Legal. This is posturing, plain and simple.
Man, you are a god!
 

No Name

Well-Known Member
Iger gets another taste of how business is done in China:

View attachment 144031

Disney Vows Action as Snow White Appears at Wanda Park

Walt Disney Co. said it’s prepared to take action to protect its intellectual property rights after performers dressed as Snow White and Captain America were sighted at Dalian Wanda Group Co.’s new theme park and entertainment complex in China.

“We vigorously protect our intellectual property and will take action to address infringement,” the company said in an e-mailed statement Monday in response to Bloomberg News queries about the characters, who resembled ones from Disney. “Our characters and stories have delighted generations, these illegal and substandard imitations unfortunately disappoint all who expect more.”

The statement from Disney, which broke its silence since billionaire Wang Jianlin recently took a jab at the world’s largest entertainment company, illustrates the escalating rivalry between the two. The Wanda chairman said just over a week ago that Disney’s “one tiger" -- its Shanghai Disney Resort set to open on June 16 -- will be no match for Wanda’s “pack of wolves,” prompting the U.S. media company to say that Wang’s comments were not “worthy of a response.”

The Disney look-alikes were spotted at the official opening of the $3.2 billion Wanda City park complex in Nanchang, the first of his conglomerate’s 15 planned theme park and entertainment projects in China that it hopes will help it unseat Disney as the world’s largest tourism operator. The companies are vying for dominance of China’s $610 billion tourism industry, which the government predicts will double by 2020 amid a growing middle class.

“The non-Wanda characters were operated by individual stores within Wanda Mall. They do not represent Wanda,” Wanda said in an statement Sunday in response to Bloomberg’s queries. The company declined to comment on Disney being prepared to protect its intellectual property.

Tourism City

The Wanda Cultural Tourism City, spanning 2 square kilometers (200 hectares) in southeastern Jiangxi province, features a theme park, a movie park, an aquarium, hotels and retail stores, according to the company. Wanda said it expects the complex to attract 10 million people a year.

The people dressed as Snow White and Captain American were posing for pictures with visitors in a non-ticketed area of the complex. Stuffed animals resembling the characters Pokemon and DreamWorks’ Kung Fu Panda were also seen on sale.

"There’s more than a passing similarity between the costumes seen at Wanda’s park and designs registered by Disney," said Via Law Corp. director Wang Yingyu, who is based in Singapore. "Legally, the bottom line is that the owner of a space is responsible for infringement that has occurred, unless they argue that they cannot exercise control over their tenants -- which would require thorough proof that they have done all they can to control the situation."

Disney is very protective of its intellectual property rights and might want to proceed with legal action as a matter of principle, she said. “The issue in China has always been that damages awarded for infringement are generally not high," she said.

Wang, who vies with Jack Ma for the title of China’s richest person on the Bloomberg Billionaires Index, had said he couldn’t understand how Disney spent $5.5 billion on a park similar in scale to the Jiangxi province project, in an appearance on a China Central Television show. He also took shots at Disney’s iconic characters and said the global media giant is “cloning previous products with no innovation.”

Others have another take on the sightings of characters that resemble those of Disney’s at the Wanda City park.

"The incident shows that Disney’s intellectual property is so popular that shops use the characters as marketing," said Jennifer So, a Hong Kong-based tourism analyst at China Securities International. "Wanda doesn’t have any IP to start with -- their model is more of a property developer, not an entertainment company."

Tickets for the outdoor theme park at Wanda’s Jiangxi project are priced at 198 yuan ($30) on most days and 248 yuan on holidays and weekends. That’s about half the price of Shanghai Disneyland, which charges adults 370 yuan each for regular tickets and 499 yuan during peak days.​

Such a blatant rip-off of intellectual propriety would have swift consequences in most democratic markets. Let's see how long it takes in China. I genuinely hope for quick action in favor of Disney but, historically, China is one of the worst perpetuators of IP theft.

Note the response from Wanda:

“The non-Wanda characters were operated by individual stores within Wanda Mall. They do not represent Wanda,” Wanda said in an statement Sunday in response to Bloomberg’s queries.​

I can imagine scenarios where Disney spends months taking legal action chasing these "individual stores" with Wanda denying any responsibility throughout, only to have it pop up elsewhere after that case is settled.

Given his power and influence, Wang Jianlin could end this in an instant if he wanted to. If this drags out, he is allowing it to happen just to irritate Iger.

LOL. I thought those were just regular Chinese people dressed up, until I read the article. Wow, pathetic costumes. Those even lose to Times Square!

And pathetic move. He spoke only a week or so ago about how "the frenzy of Mickey Mouse and Donald Duck and the era of blindly following them have passed" (maybe with all of his money, he should pay for some grammar lessons). But I guess the "frenzy" of Snow White and Captain America has not passed?

He's making himself look like a fool. Dissing Disney only to copying them. He deserves to fail.
 

ParentsOf4

Well-Known Member
My takeaway from this is totally different than Iger getting a "taste" of how things are done in China.

I suspect Disney is quite aware that this is occurring at individual stores, and they have about as much viable recourse here as they do against the endless parade of Mikey Mousses in Times Square (...in New York City, epicenter of capitalism and democracy...).

IMO, no legal action will occur, nor is there any intent to act. Rather, this is an implicit response to Wanda's statements from last week, and a clever one at that. If Iger responds to those remarks directly, it comes across as a petty ****ing match between two CEOs. Both come away looking bad. (Much as Iger did last week when his private FB post somehow leaked to TheWrap.)

This indirect response allows the media to connect Disney's statement and Wanda's; readers will look at the photo (overlook the statement about it being an individual store), and easily come to the conclusion that Wanda is a second-rate pretender puffing its chest with the prior statements. Wanda will be embarrassed on the worldwide stage for something it didn't even do.

As a corollary to that, anyone who thinks Disney didn't know IP rights are poorly enforced in China before beginning the SDL project is insane. It's not like Iger picked up the China Daily, saw that photo this morning, and used the IgerPhone to dial up Disney Legal. This is posturing, plain and simple.
You might want to reconsider the timeline.

This theme park opened during Memorial Day weekend, one of the biggest U.S. holidays. Disney offices are closed. Yet Disney already has responded with:

“We vigorously protect our intellectual property and will take action to address infringement,” the company said in an e-mailed statement Monday [i.e. Memory Day] in response to Bloomberg News queries about the characters, who resembled ones from Disney. “Our characters and stories have delighted generations, these illegal and substandard imitations unfortunately disappoint all who expect more.”​

The Batphone is ringing.

Allegedly, one of the reasons Iger invested in a Chinese theme park was because he believed it would give Disney more influence in protecting IP.

China is still the Wild West of business. Western companies have been trying to tame it for years.

It will be interesting to watch how this unfolds.
 

ford91exploder

Resident Curmudgeon
You might want to reconsider the timeline.

This theme park opened during Memorial Day weekend, one of the biggest U.S. holidays. Disney offices are closed. Yet Disney already has responded with:

“We vigorously protect our intellectual property and will take action to address infringement,” the company said in an e-mailed statement Monday [i.e. Memory Day] in response to Bloomberg News queries about the characters, who resembled ones from Disney. “Our characters and stories have delighted generations, these illegal and substandard imitations unfortunately disappoint all who expect more.”​

The Batphone is ringing.

Allegedly, one of the reasons Iger invested in a Chinese theme park was because he believed it would give Disney more influence in protecting IP.

China is still the Wild West of business. Western companies have been trying to tame it for years.

It will be interesting to watch how this unfolds.

Disney is going to lose their shirt in China just as many other western companies have in the past. Yes there is money to be made in China but it will be made by Asians who understand the cultural dimensions of business in China. Not by western conglomerates who want to force the western way of business on the Chinese.
 

ParentsOf4

Well-Known Member
I wouldn't be surprised if the Shendi Group has been feeding all of Disney's intellectual property to Wanda this whole time.

It's like when the Chinese government demanded to look at Apple's code for their iOS operating system. Ahem, for "security reasons".
If history is any predictor of the future, I expect there are a lot of current Disney "employees" who will end up working at Wanda over the coming years.

Chinese companies are notoriously effective at corporate espionage. I'm aware of numerous corporate double agents who have been exposed.

It's hugely embarrassing for the company being spied on. The damage s done, corporate secrets are stolen and cannot be recovered, while the spy typically flees the U.S. before they can be prosecuted, so most instances get buried quietly.
 

Quinnmac000

Well-Known Member
Universal's huge advantage is already being partnered with three different Chinese companies. (Perfect films, Oriental Dreamworks, and Wanda through Legendary). Wanda has a personal reason why they would want the distributor and coproducer of their films to do well in China more so than Disney. Universal also is being a theme park in the heart of the CCP aka the capital of China rather than a tourist business center. Universal is more so set for success. They should have some hiccups but much less than Disney.
 

WDWFigment

Well-Known Member
You might want to reconsider the timeline.

This theme park opened during Memorial Day weekend, one of the biggest U.S. holidays. Disney offices are closed. Yet Disney already has responded with:

“We vigorously protect our intellectual property and will take action to address infringement,” the company said in an e-mailed statement Monday [i.e. Memory Day] in response to Bloomberg News queries about the characters, who resembled ones from Disney. “Our characters and stories have delighted generations, these illegal and substandard imitations unfortunately disappoint all who expect more.”​

The Batphone is ringing.

Allegedly, one of the reasons Iger invested in a Chinese theme park was because he believed it would give Disney more influence in protecting IP.

China is still the Wild West of business. Western companies have been trying to tame it for years.

It will be interesting to watch how this unfolds.

Disney issuing a swift response on a holiday weekend and the statement being hollow posturing aren't mutually exclusive.

As you pointed out previously, Disney trying to pursue the individual mall tenants is likely to be unsuccessful. It's essentially a game of whack-a-mole. It's a similar situation as in Times Square and Hollywood, where Disney has explicitly stated that it won't pursue the performers (the NYPD publicly enlisted Disney's assistance, and the Company declined). It's even more of an uphill battle in China. With that in mind, why would Disney actually pursue this?

They won't. They issued the statement as an indirect rebuttal to the statements made by Wanda's CEO last week.

I have no doubt that Disney intends upon (attempting to) parlay its business relationship with Shendi into a means of better enforcement of large-scale IP infringers in China, and hopes the govt's vested interest in SDL will assist with that. Whether that will be a successful strategy remains to be seen, but I don't see this as the execution on that plan. There's very little upside to using this incident as a test case.

I agree that it'll be interesting to see how this unfolds, at least in terms of the antagonism between Disney and Wanda. I think this character issue has already "unfolded" about as much as it will.
 

lazyboy97o

Well-Known Member
I recall a thread from some time back about Marvel and other Disney-owned characters appearing at random places right here in the US. These types of infringing uses are not even uncommon right here.

I've actually wanted to bring that up myself. What, if anything, could Uni do or be doing differently? How is their park looking compared to SDL? @WDW1974?
Universal will be handling how they develop their designs differently. It's interesting because both projects will end up being handled in rather opposite manners as to how they are handled here. Universal will be taking a much more hand holding approach.

UNI is not seen as an icon of American culture so it comes without the cultural loading that the Disney name carries.

UNI is seen simply as another company like Wanda which happens to feature rides based on movies the Chinese people like.
No, Beijing offered Universal a sweetheart deal because they didn't want Shanghai getting two big American theme park resorts.
 

ParentsOf4

Well-Known Member
Disney issuing a swift response on a holiday weekend and the statement being hollow posturing aren't mutually exclusive.

As you pointed out previously, Disney trying to pursue the individual mall tenants is likely to be unsuccessful. It's essentially a game of whack-a-mole. It's a similar situation as in Times Square and Hollywood, where Disney has explicitly stated that it won't pursue the performers (the NYPD publicly enlisted Disney's assistance, and the Company declined). It's even more of an uphill battle in China. With that in mind, why would Disney actually pursue this?

They won't. They issued the statement as an indirect rebuttal to the statements made by Wanda's CEO last week.

I have no doubt that Disney intends upon (attempting to) parlay its business relationship with Shendi into a means of better enforcement of large-scale IP infringers in China, and hopes the govt's vested interest in SDL will assist with that. Whether that will be a successful strategy remains to be seen, but I don't see this as the execution on that plan. There's very little upside to using this incident as a test case.

I agree that it'll be interesting to see how this unfolds, at least in terms of the antagonism between Disney and Wanda. I think this character issue has already "unfolded" about as much as it will.
As I think you'll agree, these costumed characters are minor nuisances for Disney. However, falling to prosecute them now will only lead to more egregious IP violations in the future.

Stated differently, as Disney becomes increasingly popular in China, Chinese companies will commit escalating acts of IP theft until Disney is forced to respond.

It's better for Disney to attack now rather than wait until it really hurts.
 

Stripes

Premium Member
Universal's huge advantage is already being partnered with three different Chinese companies. (Perfect films, Oriental Dreamworks, and Wanda through Legendary). Wanda has a personal reason why they would want the distributor and coproducer of their films to do well in China more so than Disney. Universal also is being a theme park in the heart of the CCP aka the capital of China rather than a tourist business center. Universal is more so set for success. They should have some hiccups but much less than Disney.
I think you're overestimating "partnership" in China. There are no friends in China, only foes. Even companies outside another's market is an enemy. Asian companies virtually always wish to heavily diversify their product range as they get larger. Take Samsung, for example, started as a sugar refinery, is now heavily involved in phones, kitchen appliances, robotics, construction, hospitals, toilets, cameras, printers, TVs, the list goes on. So, the chances that a company currently producing fertilizer ends up competing with a fashion house down the road is much more likely than in the West, therefore nobody can be trusted.
 

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