Ruling in Betty Boop merchandise wrangle

The wrangle relates to the sale of merchandise in the UK featuring animation’s first leading lady.

As a judge announced his decision in the first part of the case in London yesterday, the image of the curvaceous cartoon character graced the pages of his ruling.

Mr Justice Birss ruled in favour of Hearst Holdings and US-based Fleischer Studios in a trademark and “passing off” action.

The action was against five defendants, including Avela Inc and Avela’s UK licensing agent, The Partnership (Trading) Ltd.

The defendants denied committing acts of trademark infringement and passing off, but Mr Justice Birss found that the two claimants had “proved” their case against Avela and other defendants who sell Betty Boop merchandise in the UK, including to major retailers such as Tesco, Matalan, Primark and Argos.

Yesterday’s decision is not the end of the case in the UK, as a claim for alleged copyright infringement is to be tried next January.