GBCThe law firm recently represented a brand rights protection case of popular animation IP, with 3 consecutive cases involvingtrademarkAndCopyright infringementQuestion.BlueyIt is a popular animation in the world, produced by Ludo Studio and produced byBBC Studios and ABC Children'sCo produced.
BlueyanimationstayYouTubeIt is also available in French, Spanish, Danish and English,More than 950000 subscribers。
Relevant products are also selling well, according toAmazonAnd seller wizard data,BlueyBrand products in doll sets, pre-school dolls, etcToysIn the subcategory, it always ranks within the top 10, with scores of more than 4.5 for several products, and the sales of one product in the past 30 days is close to 800000.
oneCase No.: 21-cv-6526, 6528, 6531
twoTime of prosecution: 2021December 7th
fourPlaintiff Company:BBC Studios Distribution Ltd
sixRight protection type: trademark+Copyright
According to the Yiguan Cross border Infringement Warning, GBC sent 3 consecutive cases, representingThere may be many infringing sellers of this animation related brand.
1. Trademark infringement
According to the data of the United States Patent OfficeBLUEYLudo Studio Pty Ltd of Bruy Animation has registered five trademarks, which must not be used by sellers:
Among them, the most easily infringed isBLUEYText trademark,According to Uspto，The trademark registration categories include022、023、028、038、050、042、024、001、003、004、006、051、052。
Among them, sellers selling toys and game products, textile products, cosmetics and cleaning agents should pay special attention not to touchBLUEYText trademark,The product title description and other places cannot appearBLUEYText trademark, with unique style in the above figureBLUEYDon't use words and patterns,No infringement.
However, in fact, fewer infringing sellers use the following pattern, and more sellers use it in the listing title“BLUEY”，And putBLUEYThe cartoon image of the animation is printed on the product.
BLUEYThe animation will beBlueyThe daily life story of a family of fourinThe classic blue puppy image is also registered as a trademark, whose registration categories include009、021、023、026、036、038。 That is to say, this puppy pattern must not appear on glasses, sunglasses, 3D glasses, mobile phone cases and accessories, mobile phone chargers, mobile phone straps and other products, otherwise it will be considered as infringement.
In addition,A word trademark recently registered by the plaintiff company isWACKADOOThe registered categories include 002, 014, 027, 028 and 050, mainly for infringement of precious metals and jewelry products.
In addition to the trademark, the plaintiff company also registered relevant copyright, as shown in the figure:
According to the Yiguan Cross border Infringement Warning,BLUEYCartoon characters of animation are allCopyright,Copyright lawsuits can be filed regardless of category. Therefore, sellers should pay attention to self inspection, and remove from the shelves as soon as possible if there is infringement. The following specific animation images must not be used:
GBC Law FirmThe agent's case isAfter the case is filed,Usually half a monthaboutIt will start to freeze. The law firm may also place an order to purchase products in the infringing seller's shop, leaving evidence. The seller should timely conduct self inspection and remove relevant products.
3、 Example of trademark infringement
On platforms such as AliExpress and eBay, there are many sellers who infringe upon the rights and sellPlush toys, dolls, stickers, packaging materials, clothingThe largest number of infringing sellers. Like the doll below, its listing title uses the Bluey text trademark, which is obviously infringing.
The listing of this clothing product is not only a trademark infringement, but also a copyright infringement. This sweater is printed withBlueyThe cartoon image in the animation belongs to copyright infringement, and Bluey text trademark is also used in the title.
（Polly ZhangNew media of cross-border e-commerce - Blue Ocean Yiguan website domain news) connects with high-quality resources of cross-border e-commerce.Wal Mart, Coupang、Wayfair 、Mercado Libre and other platforms settled，Brand copywriting planning, network wide promotion, e-commerce training, incubation and other services, please contact us. No unauthorizedRewriting, reprinting, copying, clipping and editingIn whole or in part.