Trade Mark Infringement And Merchandising

A recent U.K. case dealt with merchandising where a licensing agency publishes artwork for licensing at all levels of the retail marketplace.

The Plaintiff's Position

The plaintiffs contend they are the successors of the originator of the cartoon character Betty Boop, first shown in America in the 1930s. Their position was that they were the only legitimate source of Betty Boop merchandise in the UK and alleged trade mark infringement and passing off.

The plaintiffs own a series BETTY BOOP registered trade marks as well as the following design mark:

The plaintiffs also claimed copyright infringement but this part of the case was to be heard at a later date.

The Defendant's Position