The Diary of a Zombie Kid lawsuit was a trademark case filed in December 2011 by Jeff Kinney and Wimpy Kid Inc. against San Antonio comic book publisher Antarctic Press, alleging that its zombie-themed comic copied the title, cover design, and character art of the Diary of a Wimpy Kid books. A federal judge in Massachusetts issued a temporary restraining order within eight days, Antarctic Press agreed to stop selling the book, and the publisher later relaunched the series under a new name.
The Book at the Center of the Case
Antarctic Press released Diary of a Zombie Kid in August 2011. Written and illustrated by Fred Perry and David Hutchison, it followed a boy named Bill Stokes who catches a virus from his mother, starts to rot, craves brains, and records the whole thing in a diary while trying to get through school.1TV Tropes. Zombie Kid Diaries By December it had sold more than 5,500 copies, and a sequel titled Rotten Rules was scheduled to arrive on January 10, 2012.2Publishers Weekly. Wimpy Kid Goes to Court Against Zombie
What Kinney Claimed
Wimpy Kid Inc. filed the complaint on December 20, 2011, in the U.S. District Court for the District of Massachusetts.2Publishers Weekly. Wimpy Kid Goes to Court Against Zombie It brought eight counts, including trademark infringement, trade dress infringement, false designation of origin, trademark dilution, tarnishment, unfair competition, and copyright infringement.3Publishers Weekly. Wimpy Kid Wins Restraining Order Against Comics Parody
The complaint described Diary of a Zombie Kid as “a counterfeit, copy, and/or colorable imitation” of the Wimpy Kid series.2Publishers Weekly. Wimpy Kid Goes to Court Against Zombie Kinney’s lawyers said the books were “too similar in appearance” to the Wimpy Kid series in their overall look, typography, and color scheme.4Boston Herald. Wimpy Kid Scribe Files Trademark Lawsuit They argued the zombie protagonist was essentially Greg Heffley, Kinney’s stick-figure hero, rendered as one of the undead.5Animation World Network. Wimpy Kid Author Sues Over Zombie Kid The core theory was consumer confusion. The books, the complaint said, “are obviously intended to confuse the public into believing that the Defendant’s books are additions to such series.”6The Hollywood Reporter. Diary of a Wimpy Kid Lawsuit Zombie Kid
Wimpy Kid Inc. asked for triple damages, the defendant’s profits from the infringing books, attorney fees, and an order requiring the destruction of every copy of Diary of a Zombie Kid and any related materials.7BBC News. Diary of a Wimpy Kid Parody2Publishers Weekly. Wimpy Kid Goes to Court Against Zombie
Why Parody Didn’t Save the Book
Parody can be a defense in trademark disputes, but the packaging has to signal the joke. Reporting at the time noted that the Zombie Kid titles copied the typography, trade dress, and color schemes of the Wimpy Kid books without the “parody” stamp publishers commonly use to flag humorous imitations.3Publishers Weekly. Wimpy Kid Wins Restraining Order Against Comics Parody The book was later described as an “affectionate parody,” but the covers apparently didn’t say so clearly enough to blunt the infringement claims.1TV Tropes. Zombie Kid Diaries
The Restraining Order
On December 28, 2011, a Massachusetts federal judge granted Wimpy Kid Inc. a temporary restraining order. Antarctic Press assented to the order and agreed to stop selling the books within three days.3Publishers Weekly. Wimpy Kid Wins Restraining Order Against Comics Parody Both the original book and the planned sequel Rotten Rules were pulled and no longer available for purchase.8Digital Spy. Diary of a Wimpy Kid Parody Pulled From Sale Following Lawsuit
When the suit was filed, Antarctic Press publisher Joe Dunn told the Boston Herald he was aware of the case but “could not talk about it.” His attorney, William Maguire, said the company would “be answering the complaint promptly.”7BBC News. Diary of a Wimpy Kid Parody By late December the parties were negotiating a settlement.8Digital Spy. Diary of a Wimpy Kid Parody Pulled From Sale Following Lawsuit
The Rebrand to Zombie Kid Diaries
Antarctic Press didn’t kill the property. It dropped “Diary of a” from the title, changed the cover design so it no longer resembled the Wimpy Kid books, and relaunched the series as Zombie Kid Diaries.9Bleeding Cool. Has Antarctic Found a Way to Publish Zombie Kid Three volumes appeared under the new name: Playing Dead, Grossery Games, and Walking Dad.10Amazon. Zombie Kid Diaries The series appears to have ended there.