Lawsuit over Epcot concept allowed to go forward
By Mike Branom
April 18, 2003
ORLANDO (AP) -- A federal judge allowed a lawsuit to continue against Walt Disney Co. for allegedly stealing the idea for Epcot Center from an artist's painting of a theme park featuring the world's nations.
The lawsuit charged the theme-park giant with multiple counts for violation of federal intellectual property rights and misappropriation of trade secrets.
In an April 10 order, Judge Patricia J. Fawsett rejected Disney's defense that the statute of limitations barred the lawsuit.
The artist, Mark Waters II, died in 1997, and his sole heir is the lawsuit's plaintiff.
Waters' 1961 painting for Miniature World, based on a U.S. Air Force officer's concept, bears a striking resemblance to Disney's Epcot, which opened in 1982. Both parks have hourglass shapes, large spheres at their entrances and a lake surrounded by pavilions evoking different countries.
According to the lawsuit, Lt. Col. Robert M. Jaffray met Waters while stationed in Hawaii. Jaffray took the painting to Disney officials in 1963, but the company turned down his pitch.
In 1979, however, Disney unveiled its plans for Epcot — and they looked much like Waters' painting.
"The judge has simply given them an opportunity to prove they have a case," said Disney spokeswoman Marilyn Waters, who isn't related to the artist. "When the facts come out, it will be clear they do not."
Jaffray, who died in Wooster, Ohio, in 2000, went to his grave claiming credit for Epcot.
Disney has maintained that the World Showcase section of Epcot, which features pavilions displaying cultural exhibits from 11 countries, was inspired by World's Fairs. Also, Epcot has a section devoted to futuristic technology that wasn't part of Miniature World's plans.
By Mike Branom
April 18, 2003
ORLANDO (AP) -- A federal judge allowed a lawsuit to continue against Walt Disney Co. for allegedly stealing the idea for Epcot Center from an artist's painting of a theme park featuring the world's nations.
The lawsuit charged the theme-park giant with multiple counts for violation of federal intellectual property rights and misappropriation of trade secrets.
In an April 10 order, Judge Patricia J. Fawsett rejected Disney's defense that the statute of limitations barred the lawsuit.
The artist, Mark Waters II, died in 1997, and his sole heir is the lawsuit's plaintiff.
Waters' 1961 painting for Miniature World, based on a U.S. Air Force officer's concept, bears a striking resemblance to Disney's Epcot, which opened in 1982. Both parks have hourglass shapes, large spheres at their entrances and a lake surrounded by pavilions evoking different countries.
According to the lawsuit, Lt. Col. Robert M. Jaffray met Waters while stationed in Hawaii. Jaffray took the painting to Disney officials in 1963, but the company turned down his pitch.
In 1979, however, Disney unveiled its plans for Epcot — and they looked much like Waters' painting.
"The judge has simply given them an opportunity to prove they have a case," said Disney spokeswoman Marilyn Waters, who isn't related to the artist. "When the facts come out, it will be clear they do not."
Jaffray, who died in Wooster, Ohio, in 2000, went to his grave claiming credit for Epcot.
Disney has maintained that the World Showcase section of Epcot, which features pavilions displaying cultural exhibits from 11 countries, was inspired by World's Fairs. Also, Epcot has a section devoted to futuristic technology that wasn't part of Miniature World's plans.
