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Refusing to Grant Ex-parte injunction for the upcoming movie “Tera Intzaar”, the single Judge bench of Justice Rajiv Sahai Endlaw of High Court of Delhi Issued the notice to the makers of the movie for using the word ‘Barbie’ in their movie song without the permission of Mattel Inc.
Justice Endlaw further said that:
“It will be open to the counsel for the plaintiffs to, with or without a copy of this order, call upon the defendants to delete the word ‘Barbie’ from the impugned song and to notify the defendants that on their failure to do so, the plaintiffs would be entitled to damages from the defendants,”.
According to Mattel’s view, the song and its lyrics in the movie are shown in a way which is not in the interest and values of customers. The song which features Sunny Leone is annoying, irritating and is not appropriate for the young children as it will degrade and tarnish the image of Barbie from their mind, to which the Justice Endlaw noted that:
“Courts in the United States had held that music companies’ use of “Barbie” in a song was not an infringement of the toy manufacturer’s trademark”.
Accordingly court has refused to grant the injunction
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