Hearst Holdings Inc and another v AVELA Inc and others

Trade mark – Infringement. The Chancery Division held that, on the facts, the defendants had infringed the claimants' trade marks and had committed acts of passing off in respect of their supply or sale of 'Betty Boop' merchandise. Whilst there was no law which provided that invented characters had stronger rights than people in respect of the control of reproduction of their image, it seemed to be easier to educate the public to believe that goods relating to an invented character derived from a single official source than it might be for a real person.

Category: