Bombay High Court Blocks Lonavala Trampoline Park From Using Mr. Bean Trademark

Bombay High Court Blocks Lonavala Trampoline Park From Using Mr. Bean Trademark

The Bombay High Court recently issued a temporary order (ex-parte ad-interim injunction) preventing a Lonavla trampoline park from using any trademark, artwork, character, or likeness associated with Mr. Bean, the iconic character from the comedy series that debuted in 1990.

The court compared the official Mr. Bean trademark with the one allegedly infringed by the trampoline park. In its judgment, Justice Bharati Dangre stated that upon a direct comparison of the marks, it is clear this is a textbook case of false endorsement. Consumers are being misled into believing the Lonavla trampoline park is either authorised by or an official theme park of the company that owns the Mr. Bean trademarks (the Plaintiff). This is demonstrably false.

Furthermore, the trampoline park (Defendant) has continued using these infringing marks (Impugned Marks) even after receiving legal notices to cease and desist. This blatant disregard demonstrates their dishonest intentions.

The court concluded that if the trampoline park is not restrained by a temporary injunction, it will continue its misleading practices, causing significant and potentially unrecoverable financial losses to the trademark holder.

The court also prohibited the entity from engaging in any commercial activities utilising trademarks incorporating the phrases 'Mr. Bean' or 'Mr. Been,' as well as any other trademarks, artwork, or characters that closely resemble the Plaintiff's renowned registered trademark.

This case involved an interim application within a larger lawsuit concerning intellectual property rights. Tiger Aspect Kids & Family Ltd., the owner of the Mr. Bean trademarks and copyrights, filed the lawsuit against Mr. Bean Trampoline Park, located in Lonavla and operated by Rupesh Dighe. Tiger Aspect is seeking permanent court orders (perpetual injunction) to prevent the trampoline park from further actions, including allegations of misleading customers about their affiliation with Mr. Bean (passing off goodwill) and violating trademark and copyright laws.

The lawsuit was filed by Tiger Aspect Kids & Family Ltd., a UK company owned by the Banijay Group, a large media and entertainment company headquartered in Paris, France. Banijay Group boasts a portfolio of popular shows including "Survivor," "Big Brother," and of course, "Mr. Bean."

Tiger Aspect claims ownership of the copyright and merchandising rights associated with Mr. Bean. This ownership stems from trademark registrations, agreements in various regions including India, and their role as the producer of the Mr. Bean TV show, movies, and animated series. Additionally, Tiger Aspect argued that they have been broadcasting and using the Mr. Bean character, artwork, and devices across various channels and online platforms like Amazon, YouTube, and others that are readily accessible in India.

Tiger Aspect accused the Lonavla trampoline park of profiting by using their trademarks, artwork, and the Mr. Bean character without authorisation. This alleged unauthorised use included the defendant's attempt to register their own trademark in November 2022, which Tiger Aspect opposed in December 2023. Additionally, even after sending cease and desist notices, the trampoline park reportedly continued to advertise using variations of the Mr. Bean name, with posters near Lonavala referencing "Mr. Been Trampoline Park" instead of the correct "Mr. Bean."

Tiger Aspect further argued that the Mr. Bean Trampoline Park's entire theme appeared to be built around their character, Mr. Bean. This created a clear association with Tiger Aspect's brand in the minds of consumers. The park even went a step further by operating a "Bean's Cafe" and a restaurant featuring dishes like "Mr. Bean's Special Pav Bhaji & Pulav." Additionally, merchandise with the allegedly infringing trademarks (impugned marks) was being sold at the park.

After initiating the lawsuit, Tiger Aspect claimed to discover that the defendant had launched a new website with a name deceptively similar to their own brand. Interestingly, the park's name on this website switched from "Mr. Bean Trampoline Park" to "Mr. Been Trampoline Park" only after receiving cease and desist notices.

Tiger Aspect argued that the defendant's use of these "impugned marks" clearly infringed upon their rights. They pointed out the visual and conceptual similarities between the defendant's branding and their own registered trademarks and artistic works. Given the widespread recognition and positive reputation associated with Mr. Bean, Tiger Aspect claimed that consumers would likely be confused by the resemblance between the defendant's marks and their own well-established trademarks.

The court, after reviewing the evidence presented by Tiger Aspect, determined they had a strong prima facie case. Based on this, the court issued an ex-parte ad-interim injunction restraining the Lonavala trampoline park from any further actions that might infringe upon Tiger Aspect's trademarks and copyrights. This includes using the Mr. Bean character, likeness, or any other elements considered part of their intellectual property.

The court has scheduled a further hearing on this matter for June 14, 2024.