In
this massive counter attack against piracy and counterfeiting
of its products, Cartoon Network has initiated a civil
suit in the Delhi High Court against the miscreants
and has obtained far reaching search and seizure orders
against the defendants.
Merchandising
is a significant source of additional revenue for
the channel's business and the merchandising varies
from from toys, stationery, accessories, publications
and music, domestics and house ware, edibles and beverages,
entertainment, video games and computer software,
stationery and paper goods, toys and games, gifts
and novelties to personal care, sporting goods and
pet products.
Prior
to the launch of the products in India, intensive
investigations were conducted at the behest of Cartoon
Network and 11 wholesalers, distributors and retail
outlets were found to be indulging with merchandise
related to Cartoon Network's characters of The Powerpuff
Girls, Dexter's Laboratory and Johnny Bravo and counterfeiting
the same without obtaining the consent or license
from Cartoon Network.
These
parties have thus violated its exclusive right in
these trade marks. The defendants are located in Sadar
Bazaar, Greater Kailash, Lajpat Nagar, Sarojini Market
and Hauz Khas areas of Delhi.
While
speaking to Indiantelevision.com, a Turner
official informed that these raids were conducted
under the supervision of the network's Hong Kong office.
The official said, "Cartoon Network Enterprisers
is committed to protect its partners. We are serious
players in the business and we have invested a lot
in our properties and also in finding ways to combat
piracy. This is just the first phase of the raids.
More such raids will follow in order to nab the people
who are using our products illegally."
A
letter, Indiantelevision.com received from
advocate Chander Lall and Pankaj Monga, stated, "Cartoon
Network has filed civil action against these 11 people
who are manufacturing, distributing and marketing
the counterfeit products in the market, in which the
Cartoon Network owns all rights, title and interest
in and to and holds exclusive right to develop, manufacture,
market and sell product bearing the trade marks, trade
names, service marks, artwork, characters and other
distinctive elements for and incorporating the Cartoon
Network Characters."
The
letter further added, "Honble Mr Justice
Swatanter Kumar of Delhi High Court in Civil Suit
No. CS(OS) No. 874 of 2005 on 4 July, 2005 while granting
order of ex-pate temporary injunction against the
Defendants restraining them from using the name or
likeness of the characters in the television series
entitled The Powerpuff Girls, Dexter's Laboratory
and / or Johnny Bravo in relation to any goods imported,
marketed or sold in India which are not duly licensed
for importation, marketing or sale in India or in
any other manner whatsoever violating the rights of
the Plaintiff or passing off their goods as and for
the goods of the Plaintiff and from importing, marketing,
selling or offering for sale any goods or products
bearing the name or likeness of the characters in
the television series entitled The Powerpuff Girls,
Dexter's Laboratory and Johnny Bravo, which are not
duly licensed for importation, marketing or sale in
India or in any other manner whatsoever infringing
the copyright of works which vest with the plaintiff
and/or to make out the goods in that manner and style."

The
judge also appointed the above mentioned advocates
as Local Commissioners to visit and search the premises
of all 11 defendants and seize any or all the goods
bearing the mark of Cartoon Network available with
the defendants.
Raids
and seizure operations were then conducted at the
premises of the defendants and the search led to recovery
of huge quantity of merchandising material bearing
the mark of the Cartoon Network characters.
The
product range sold by the defendants included merchandise
and products of a varied nature such as bags, plates,
coffee-mugs, CD games, puzzle games, water bottles
etc. bearing the Cartoon Network characters. The materials
was seized and sealed.
Also
read:
Cartoon
Network ups merchandising focus with 3 key properties