Corwin v. Walt Disney Co.

Plaintiff-appellant, Orrin Monroe Corwin, appeals (1) a 12 November 2004 order disposing of several evidentiary issues and granting summary judgment in favor of defendant-appellee, Walt Disney World Company (“WorldCo” or “Disney” for its precursor); (2) a 28 April 2005 order denying Corwin’s motion for clarification and reconsideration; and (3) a 9 May 2005 order adopting the report and recommendation of the United States magistrate judge awarding taxable costs to WorldCo. Because we find that Corwin has failed to raise a genuine issue of material fact as to either WorldCo’s access to Mark Water’s rendering of a theme park concept entitled “Miniature Worlds” or as to striking similarity between that rendering and EPCOT (Experimental Prototype City of Tomorrow), we AFFIRM as to summary judgment and the motion to reconsider. Because the district court awarded costs that it lacked discretion to award, we VACATE the order on costs, and REMAND for proceedings consistent with this opinion.

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