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Sylvanian toymaker drops lawsuit against Irish content creator

Thea Von Engelbrechten used the children's toys to create storylines in a soap-opera style
Thea Von Engelbrechten used the children's toys to create storylines in a soap-opera style

A Japanese toymaker has dropped its lawsuit against the Irish creator behind the hugely popular 'Sylvanian Drama' accounts on social media.

Thea Von Engelbrechten, who is from Co Kildare, used the small, velvety children's toys called Sylvanian Families to create storylines in a soap-opera style, featuring often dark adult themes like drink, drugs, divorce and even murder.

'Sylvanian Drama' turned into a viral sensation during the Covid-19 lockdown in 2021, racking up around 2.5 million followers on TikTok and about a million on Instagram.

The enormous following attracted the attention of major international brands such as Marc Jacobs, Kate Spade, Sephora and Netflix, landing Ms Von Engelbrechten several advertising and sponsorship deals, but also in hot water.

Epoch, the Japanese company that first launched Sylvanian Families in 1985, filed a civil case in New York, alleging "copyright infringement" and "irreparable injury" to its reputation.

In January, 'Sylvanian Drama’s' social media accounts went quiet, prompting questions and concerns from fans.

The animal figurines - marketed as Calico Critters in the United States - are sold alongside cutesy accessories like mini picnic baskets in pastel colours and wholesome playsets featuring things like vegetable patch gardening and bread baking.

'Sylvanian Drama' stood in stark contrast with its foul-mouthed, fake eyelash-sporting, gun-toting, drug-addicted characters.

It was a "parody", Ms Von Engelbrechten claimed in a countersuit.

That argument was likely to be persuasive, according to legal experts.

A defence of "fair use" hinges on whether the use is "transformative," according to Vincent Allen, managing partner at Carstens, Allen and Gourley law firm, in Texas.

"She is introducing these characters in a completely different way than Epoch ever dreamed that they will be used," he told RTÉ News, "and she's creating entertainment".

"What is she copying?" he said, "she's just using their toys in a way that they don't like".

Epoch and Ms Von Engelberg did not return requests for comment.

In the end, the case, which was due to go before New York’s Southern District Court on 14 August, was not tested in front of a jury.

On Friday, Epoch dismissed all claims "without prejudice, with each party to bear its own costs, expenses and attorneys’ fees," according to court documents.

While no details of a settlement have yet emerged, it appears Ms Von Engelbrechten will make changes to her social media accounts.

In a post on Instagram, she announced she would be adding a new profile picture and also asked her followers to suggest a new name.

Fans did not disappoint.

Among the suggestions were: "Not Sylvanian drama," "cancelled critters," "desperate mousewives," "Transylvanian drama," and "tiny toys, big drama".