While the Sunny Leone, Arbaaz Khan starrer TERA INTEZAAR is gearing up for release, is now mired into controversy.
As per the reports, in a recent notice issued to the producers of the film TERA INTEZAAR, Mattel Inc, the manufacturer of the trademark ‘Barbie dolls’, have accused the makers of using the word “Barbie” in a song without permission. They have alleged that the song represents Barbie girl in a manner which is antagonistic to the values and interests of the customers target base, the plaintiffs cater to.
Further, it has also been alleged that ‘the actress featured in the song (Sunny Leone), is a prominent figure from adult entertainment industry and has submitted that the song is not suitable for children. Such attributes are provocative and inappropriate for younger girls and children, tarnishing and degrading the distinctive quality of the mark “BARBIE”.
However, the single judge bench of Justice Rajiv Sahai Endlaw, as per the reports, 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.
“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,” Justice Endlaw noted.
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.
“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 added .
We now await if the word is deleted from the song or the makers can go ahead smoothly.