CASE ANALYSIS: HEARST HOLDINGS Inc. & Anr. v. A.V.E.L.A Inc. & Ors.

FACTS:          

1. The claimants are the successors of the originator of the cartoon character Betty Boop, first shown in 1930s America and it is their contention that they are the only legitimate source of the said cartoon’s merchandise in UK. The claimants have registered Trade marks and CTMs relating to the words “BETTY BOOP” and to a particular device. It is the contention of the claimants that the marks have been put to very substantial use in the United Kingdom and the Community and thus they havea substantial goodwill and reputation in UK in the sale of goods bearing an image of Betty Boop, or the words BETTY BOOP such that the use of these indicia has come to denote to the trade and the public that such products emanate from the claimants or their licensees.