1. By: Sonya Cato LIBM 6230 November 21, 2011

2. Tried at the United States Court of Appeals for the Ninth Circuit Court in Pasadena, California The Plaintiff is Fleischer Studios who sued for copyright and trademark infringement. The Defendants are A.V.E.L.A. Fleischer Studios, Inc. v. A.V.E.L.A Inc. (Microsoft Office Clip Art, 2010)

3. Fleischer Studios Inc. was created in 1970’s by the family of Max Fleischer. Max Fleischer created the cartoon character Betty Boop in the 1930’s. Max Fleischer transferred his rights in to Paramount Pictures in 1941. Fleischer Studios has made attempts to repurchase the right to Betty Boop. Fleischer Studios sued A.V.E.L.A. for copyright and trademark infringement. Fleischer Studios claims that they own the intellectual rights to the Betty Boop character (Kachmar, 2011). (Fleischer v. A.V.E.L.A, 2011) The Plaintiff Photo of Betty Boop, http://www.picsearch.com/pictures/toys/Cartoon%20Network%20Car toons/Betty%20Boop.html

4. The Defendants in this case are A.V.E.L.A. They are being sued for copyright and trademark infringement. A.V.E.L.A. were using the Betty Boop image on their merchandise. A.V.E.L.A. claims that the image of Betty Boop is from vintage posters that they have restored. (Fleischer v. A.V.E.L.A, 2011) The Defendants (Microsoft Office Clip Art, 2010)

5. The copyright issue at hand is if Fleischer Studios Inc. owns the rights to Betty Boop. In order for Fleischer Studios to prove that they have repurchased the rights to Betty Boop they will have to prove every link in the chain of title. On the issue of trademark infringement Fleischer Studios will first have to prove that they own the rights to Betty Boop. Then they will have to prove that A.V.E.L.A. is attempting to use the Betty Boop image as a trademark for their merchandise. (Fleischer v. A.V.E.L.A, 2011) (Microsoft Office Clip Art, 2010) Copyright Issue

6. The Copyright Act of 1909 applies to this case since Betty Boop was created in the 1930’s. The Copyright Act of 1909 remains in effect for works that were created before 1976. The law will only help protect Betty Boop if Fleischer can prove that they own the rights to her. On the claim of trademark infringement The Trademark Law is being raised. (Fleischer v. A.V.E.L.A, 2011) Applicable Law (Microsoft Office Clip Art, 2010)

7. On the case of copyright infringement Fleischer Studios lost the claim since they were unable to provide evidence that they owned the rights to Betty Boop. Fleischer Studios was unable to provide evidence in every link in the chain of titles to prove that they repurchased the rights to Betty Boop. There was a dispute over whether Paramount transferred character rights to UM&M. Fleischer lost the copyright infringement case based on this fact (Fleischer v. A.V.E.L.A., 2011). The Verdict Is In (Microsoft Office Clip Art, 2010)

8. On the trademark infringement claim Fleischer Studios’ claim was dismissed on two accounts. “Ultimately, the Court held that given that A.V.E.L.A.’s use of Betty Boop is functional and aesthetic, and because ruling in Fleischer’s favor would prevent the Betty Boop character from ever entering the public domain, Fleischer’s infringement claim is barred” (Gordon & REES, 2011). “The district court dismissed Fleischer’s trademark- infringement claim, holding that Fleischer did not provide evidence, in time required by the Federal Rules of Civil Procedure, that Fleischer owned either the common law or federally registered trademarks” (Fleischer v. A.V.E.L.A., 2011, p.10). The Court’s Decision

9. Reflection When looking at the evidence that was presented in this case I have to agree with the court’s decision. Fleisher Studios could not prove that they owned the rights to Betty Boop. Since Fleischer Studios was unable to prove every link in the chain of titles this caused them to lose the case. I agree based on the evidence proved that there were no grounds for copyright or trademark infringement. (Microsoft Office Clip Art, 2010)

10. Fleischer Studios Inc. v. A.V.E.L.A. Inc., No. 09-56317. D.C. No. 2:06-cv-06229-FMC-MAN.(2011) Gordon & REES LLP, (2011). Retrieved from http://www.gordonrees.com/publications/viewPublication.cf m?contentID=1882 http://www.gordonrees.com/publications/viewPublication.cf Images from Microsoft Office Clip Art. (2010) Kachmar, James. (2011). BettyBoop& Chain of Title Issues. Retrieved from http://www.theiplawblog.com/archives/- copyright-law-the-copyright-misuse-defense-apples- software-license-agreements.htmhttp://www.theiplawblog.com/archives/- Photo of Betty Boop. Fair Use. Retrieved from http://www.picsearch.com/pictures/toys/Cartoon%20Netwo rk%20Cartoons/Betty%20Boop.html http://www.picsearch.com/pictures/toys/Cartoon%20Netwo rk%20Cartoons/Betty%20Boop.html References