Barney Loses Lawsuit Over Look-Alikes

CHARLOTTE — A federal judge has ruled against the creators of Barney the dinosaur, who sued a Charlotte costume maker for copyright and trademark infringement.

Barney’s owner, Lyons Partnership of Richardson, Texas, sued Morris Costumes and owners Philip Morris and Amy Morris Smith in 1997, accusing the costume company of renting and selling Barney-like purple costumes with names such as Duffy the Dragon, Purple Dino and Hillary the Hippo.

Lyons also sought an injunction preventing Morris Costumes from renting or selling the costumes, as well as $300,000 for willful infringement.

In a 36-page decision issued Wednesday, U.S. District Judge Graham Mullen ruled that the Duffy the Dragon costume didn’t infringe on Barney’s copyright, but the other two did. However, he ruled that Morris Costumes didn’t infringe willfully, so Lyons could not collect damages.

Mullen also denied the injunction request, noting that Morris Costumes had already stopped marketing the Hillary and Purple Dino costumes.

Similar lawsuits targeting other Barney look-alikes have been filed across the country, but this was the first to go to trial.

“We have no beef with Barney,” said Jay Bilas, the Charlotte lawyer who helped represent Morris Costumes. “But the people behind Barney acted like bullies. They’ve bullied this poor businessman for two years. They forced him into a trial, and this is the result.”