The Delhi High Court issued a notice to the producers of Sunny Leone starrer-Arbaaz Khan starrer Tera Intezaar for using the word ‘Barbie’ in a song featuring Leone, without the permission. The manufacturers of the trademark Barbie dolls Mattel Inc. took the legal action against the makers.
The company has alleged that the title and the lyrics of the song have used their registered and well known trademark without their permission and “in a manner antagonistic to the values and interests of the customers target base, the plaintiffs cater to.”
It has further submitted that the actress featured in the song is a prominent figure from the adult entertainment industry (referring to Sunny Leone) and has submitted that the song is not suitable for children. Such attributes, it submits, “are provocative and inappropriate for younger girls and children, tarnishing and degrading the distinctive quality of the mark 'Barbie'."
The single judge bench of Justice Rajiv Sahai Endlaw, however, refused to grant ex-parte injunction against the toy company, and advised both parties to “chill”. The court also noted that the plea may be considered at the notice stage.
“If after a film has been so cleared by CBFC, the Courts were to act as super Censor Board at the mere asking, it will have the potential of imposing arbitrary and at times irrational prior restraints causing severe damage to the right of freedom and and expression,” Endlaw said.
The film that stars Sunny Leone and Arbaaz Khan in lead roles is slated to release on December 1.
