Turning down the plea of Mattel the makers of Barbie for an ex-parte, in-camera hearing, the Delhi High Court issued a notice to the makers of the Bollywood movie Tera Intezaar. In the movies, the name Barbie Doll has been given to a song picturised on Sunny Leone.
Mattel who manufactures the world famous doll has taken exception to the use of the word "Barbie" in the song without its permission. It has also stated in its plea that since the song has been picturised on an actor known for acting in adult movies, it could send a "wrong signal to children."
While issuing the notice, Justice Rajiv Sahai Endlaw noted, "The newspapers and the stories on the electronic news media in the country are today widely broadcasting the demand by one section of the society for a ban to another film.
"The petitions filed in the Supreme Court in this regard have not met with any success and have been disposed of as premature owing to the CBFC having not granted a certificate to the film as yet. I am of the opinion that grant of any order (ex parte) as sought is likely to send a wrong signal to the public at large," the court said while striking down the request for the ex-parte order.
The court has sought the reply of Aman Bijal Mehta, the producer of the movie scheduled to be released on Friday to the plea made by Mattel.
"The Barbie girl in the impugned song has been impersonated by an actress who is a prominent figure from the adult entertainment industry and the contents of the impugned song / its video are not suitable for children and are provocative and inappropriate for younger girls and children, tarnishing and degrading the distinctive quality of the mark "BARBIE", the plea had contended.
Earlier, appearing for the plaintiffs, its counsel Pravin Anand had earlier moved an application for ex-parte and in-camera hearing of the matter, "as the suit pertains to a highly confidential subject which may invoke media attention leading to distortion/misinterpretation of facts and the proceedings and in the absence of media reporting the parties may also be more receptive to a settlement."
The court not struck down the request but also also underlined the judgment passed by the US District Courts where both the plaintiffs and the defendants were told "to chill" after the former had gone to the court against the makers of the famous song 'I am a Barbie Girl' by the band Aqua for using their trademark in the song.
The court also denied a request by the plaintiffs to restrain the release of the film. "Barbie is seeking in India what has been denied to it in the Court of its origin," it said.
PAST CONTROVERSY
- The Delhi court also underlined the judgment passed by the US District Courts where both the plaintiffs and the defendants were told “to chill” after the former had gone to court against the makers of the song ‘I am a Barbie Girl’ by the band Aqua for using their trademark in the song.
