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ARTICLE · 03 MAY 2021

Mattel Copyright Infringement Case

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Hon'ble Mrs. Justice Mukta Gupta, of the Delhi High Court passed an order dated October 13, 2020 in CS (COMM) NO. 447 of 2020 titled as ‘Mattel Inc. v. Present Enterprises and Ors' and directed...

IndiaIntellectual Property
Lucy Rana
Lucy Rana
Priya Adlakha
Priya Adlakha
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Hon'ble Mrs. Justice Mukta Gupta, of the Delhi High Court  passed an order dated October 13, 2020 in CS (COMM) NO. 447 of 2020 titled as 'Mattel Inc. v. Present Enterprises and Ors' and  directed the Defendant No.4,  Flipkart to remove the listings which relate to the advertisement and sale of the products which violate the copyright of the Plaintiff i.e. Mattel in the six characters of the 'Rainforest Family'.

Mattel Inc. v. Present Enterprises and Ors

Mattel (hereinafter referred to as the Plaintiff) is in the business of selling games, toys etc. for children since the year 1945. In the year 1993, Plaintiff merged with Fisher-Price and since then is one of the biggest manufacturer and seller of the children/toddler's toys world-over. The Plaintiff claims to have adopted the trademark 'KICK AND PLAY' for game and playthings in the year 2010 and started using the said trademark in India since 2012. In the year 2012 the Plaintiff also designed and adopted a set of

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