SUBMITTED BY Timbo

December 30, 2003 — A French children's book author is suing Walt Disney and Pixar, alleging that they plagiarized his book "Pierrot Le Poisson Clown" when they created "Finding Nemo".

Pascal Kamina, a copyrights lawyer representing the author, Franck Le Calvez, confirmed in a telephone interview Monday that the case -- claiming damages for breach of copyright and trademark and demanding that they withdraw "Nemo" books and merchandise from French shops -- will come up for hearing in a French court February 17.

Disney denied the claims.

"We consider the case filed in France to be totally without merit because 'Finding Nemo,' which is owned by Pixar and Disney, was independently developed and does not infringe anyone's copyrights or trademarks," according to a statement that Disney released Monday.

Le Calvez, a 33-year-old aquarium buff, said in an interview Monday that he registered Pierrot as a trademark with France's industrial protection and copyrights body in 1995. An aspiring filmmaker, Le Calvez said he then did the rounds of French production companies and animation studios, hoping they would fall for the lovable tropical fish with white stripes and large orange bulging eyes. But he was turned down, and the little fish languished in a folder until 2000, when Le Calvez decided to make Pierrot the hero of an illustrated children's book.

Registering the screenplay with the French Society of Authors in June 2002, Le Calvez paid nearly $71,000 to publish 2,000 copies of the book in November 2002. Illustrated by Robin Delpuech and Thierry Jagodzinski, "Pierrot Le Poisson Clown" was published by France's Editions Flaven Scene, and the entire print run was sold in a month.

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