New Delhi: The Delhi High Court has restrained a Mumbai-based company from making or selling products using well-known Disney characters such as Mickey Mouse and Donald Duck on a plea by global entertainment giant Disney Enterprises Inc.
Passing a permanent injunction in favour of the US-based company, Justice S N Dhingra said “the company (local company) is restrained from manufacturing or selling goods bearing Disney characters, devices or trademarks which may be identical or deceptively similar to those of Disney’s”.
The court passed the order on a trademark infringement suit filed by Disney, which is the registered proprietor of famous cartoon characters like Mickey Mouse, Minnie Mouse and Donald Duck against Prime Housewares Ltd. The Indian firm was selling household goods with Disney characters as its mark.
The court also directed Prime Housewares, which was manufacturing its goods in a factory situated in Daman, to deliver all the offensive material in their possession to Disney so that it could be destroyed.
The Indian company has also been told to pay Rs 50,000 as token damages to Disney within one week, failing which the amount would be doubled. If it does not pay the amount even within two weeks then the company will have to pay the entire decree amount of Rs 20 lakh.