Betty Boop And Infringement Of A Word Mark By The Use Of An Image

Introduction

There have been numerous examples of both celebrities and the owners of well-known fictional characters failing to prevent third parties using their images on merchandise. However, there have also been some winners (including most recently Rihanna). And we can now also add Betty Boop to the roster of winners.

In a recent decision1, the High Court has ruled (among other things) that the use of a Betty Boop image infringed the word trade mark for BETTY BOOP. The breadth of protection afforded to the word mark in the context of trade mark infringement is perhaps surprising, and this summary focuses on that aspect of the decision.

Face the facts

The claimants, Hearst Holdings Inc, are the owner of a Community Trade Mark for the words BETTY BOOP. A.V.E.L.A Inc, the first defendant, licensed various images of Betty Boop to a number of licensees who in turn sold Betty Boop merchandise to various retailers, including Primark. A.V.E.L.A had...