Case BriefsHigh Courts

Delhi High Court: A Single Judge Bench comprising of Pratibha M. Singh,  J. allowed a suit filed by Disney Enterprises Inc. Against the defendants-chocolate maker for permanently restraining infringement of its copyright in the character Lightning McQueen from the movie Cars.

The plaintiff held copyright in the character Lightning McQueen, an animated race car from the movie named above, in the United States. The defendants were manufacturing chocolates by the name of Choco Car, consisting of an artistic work/character which was a complete imitation of Lightning McQueen. The plaintiff, therefore, filed the present writ suit seeking permanent injunction against the defendants and damages for infringement.

The High Court termed the case as a “classic case of character merchandising”. It was noted as well settled that characters can acquire the status of trademarks and can also be protected under copyright law. It was observed that the importance of preventing well-known characters from being misused for commercial products lies in the fact that the creation of fictional characters requires great amount of creativity and innovation. It was further observed that the plaintiff’s copyright was liable to be protected in India in view of the International Copyright Order as also India being a party to Berne Convention for Protection of Literary and Artistic Works and the Universal Copyright Convention. Holding thus, the suit filed by the plaintiff was allowed and a decree of permanent injunction was passed against the defendants. The defendants were further ordered to pay Rs 5 lakhs as damages to the plaintiff. [Disney Enterprises Inc. v. Pankaj Aggarwal,2018 SCC OnLine Del 10166, dated 10-07-2018]

Hot Off The PressNews

Delhi High Court: The Division Bench comprising of ACJ Gita Mittal and C Hari Shankar J., decided in a petition filed by an activist group ‘Nyayabhoomi’ that every vehicle in Delhi has to comply with the Motor Vehicles Act, 1988.

In a move to eradicate the VVIP culture, the Delhi High Court issued that all the VVIP ’s including the President, Vice-President, Governor’s and Lt. Governor should get number plates on their cars. No exception has been laid own for the same, as till now the cars of President, Vice-President, and other Constitutional authorities had only the state emblem of India in place of the number plates.

The High Court has directed the Centre and the Delhi Government to ensure that all official cars used by them should get registered at the earliest.

[Source: Financial Express]