Delhi High Court asked Flipkart to remove infringing listings and after hearing the matter, court restrains violation of Mattel’s copyright in Rainforest Family.
[Mettel Inc. vs Present Enterprises & Ors]
In this case Delhi High Court has asked Flipkart to remove listings relating to the advertisement and sale of the products in violation of Mattel’s copyright in the six characters of the ‘Rainforest Family’.
Single Judge Bench of Justice Mukta Gupta passed the order in a suit preferred by toymaker, Mattel.
In any manner by any party till the next date of hearing; the Court also restrained the violation of the copyright in the six characters of the ‘Rainforest Family’.
Single Judge Bench passed the order of Justice Mukta Gupta in a suit preferred by toymaker, Mattel (Plaintiff).
The Plaintiff informed the Court that it was into the business of selling games, toys etc. for children since the year 1945 and was one of the biggest manufacturer and seller of the children/toddler’s toys world-over.
It was added that in the year 2012, the Plaintiff designed and adopted a set of cartoon animal characters titled as ‘Rainforest Family’ which consists of six animal characters.
The Plaintiff submitted that products of ‘Rainforest Family’ characters were launched in India in 2018 with a lot of promotion.
Further, the Plaintiff also applied for registration of the trademark ‘KICK AND PLAY’ and shape mark of its ‘KICK AND PLAY’ baby gym in India.
It was Plaintiff’s grievance that the Defendants were infringing its copyright in ‘Rainforest Family’ and also passing off the goods under the trademark and shape mark of ‘KICK AND PLAY’.
The Court observed that a bare perusal of the six characters of ‘Rainforest Family’ showed that they had been uniquely prepared with the unique colour combination which is attractive and appealing to the children.
It was added that by virtue of Section 40 of the Copyright Act, registrations in favour of the Plaintiff in respect of six characters in USA would also extend to India in terms of International Copyright order notified in the Official Gazette on 24th March, 1999.
The Court thus opined that the Plaintiff had made out a prime facie case in its favour at this stage for grant of an exparte ad-interim injunction qua the copyright violation.
However, with respect to the trademark violation of its word mark ‘KICK AND PLAY’ as also the design mark, the Court decided to first hear the defendants before passing any ad-interim injunction.
It was thus ordered that Consequently, till the next date of hearing, an ex-parte ad-interim injunction is granted in favour of the plaintiff and against the defendants restraining defendant Nos.1, 2, 3 and the other defendants sought to be impleaded as John Doe as defendant No.5, their proprietors, successors, agents, associates, affiliates from in any manner violating the plaintiff’s copyright in the six characters of the ‘Rainforest Family’ in any manner on their products till the next date of hearing
The Court added that in the meantime, on the plaintiff providing the URLs within three days, defendant No.4 will remove the listings from its platform which relate to the advertisement and sale of the products which violate the copyright of the plaintiff in the six characters of the ‘Rainforest Family’ within 48 hours.
The Court also issued summons in the suit and listed the matter for hearing on January 8.
Advocates Shwetasree Majumdar, Prithvi Singh, Vasudhara Majithia appeared for the Plaintiff and Adv. Dheeraj Nair, Adv. Shruti are representing Flipkart in this case.