Dunham Sues Over Alleged ‘Walter’ Replica

The lawsuit claims Tony Horn “has engaged in the manufacturing, advertising, marketing, distribution, offer for sale, and sale of ventriloquist dummies that are substantially identical to ‘Walter’ and that incorporate the Walter IP.”

The lawsuit also accuses Horn of urging his social media community to “compare his figure to Walter,” and after getting a cease and desist letter, still sold the imitation for between $350 and $1,000. The sales are said to have continued despite “eBay removing at least one of his listings of the Infringing Product due to infringement.”

Dunham created the “Walter” character and has a trademark in the talking dolls and plastic dolls category as well as a copyright registration for the 3D artwork and sculptural design of the dummy.

The ventriloquist is claiming violations of trademark, trade dress, copyright and unfair competition, and demanding monetary compensation.

The complaint also seeks the destroying of merchandise “falsely bearing Plaintiff’s Walter Copyright, the Walter Mark and/or the Walter Trade Dress,” and the destruction of “any molds, screens, patterns, or plates used specifically for making or manufacturing products bearing the Walter Copyright, or which picture, reproduce, or utilize the likeness of or copy or bear a substantial similarity to the Walter Copyright.”

Horn told the Hollywood Reporter that he hasn’t made a “Walter” replica and accused Dunham of stealing the dummy design from an earlier ventriloquist before he got the copyright registration. “There’s no competition here. He’s an entertainer and I’m a figure maker. I disagree with the whole thing,” he said.