In the matter of Mattel vs Present Enterprises & Ors, Delhi HC ordered Flipkart to delete listings related to the promotion and selling of the products in violation of Mattel’s copyright in the six character of the “Rainforest Family”
The Advocate Shwetasree Majumdar, Prithvi Singh, Vasudhara Majithia appeared for the Plaintiff and Defendant (Flipkart) was represented by Advocate Dheeraj Nair, Shruti.
The order was passed by Justice Mukta Gupta in a suit preferred by toymaker, Mattel. The plaintiff informed the court that it was in the business of selling games, toys etc.
In 2012, the plaintiff created a new set of animal cartoons named as “Rainforest Family” which consists of six different animals, the cartoons were launched in 2018 with a lot of advertisement.
Plaintiff;s issue is that the defendant were infringing its copyright in ‘Rainforest Family’ and also passing off the goods under the claimed trademark i.e. ‘KICK AND PLAY’
While hearing the issue court observed that as per Section 40 of Copyright Act, registration in favour of the plaintiff in respect of six characters in USA would also extend to India under the terms and condition of International Copyright order notified in the Gazette on 24th March, 1999.
On the second issue of trademarks violation and passing of goods under the name of ‘KICK AND PLAY’ court decided to first hear the defendant before pronouncing any order on the said issue.
After hearing both sides, the court ordered
“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”
“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 issued summons in the suit and the matter will be heard on 8th January.