This week, Richard Smith J handed down judgment in favour of Hasbro Consumer Products Licensing Limited and Astley Baker Davies Limited against Vietnamese cartoonists SConnect Media LLC and SConnect Ltd, granting an injunction for copyright infringement in relation to works contained within the cartoon Peppa Pig.
The claim brought by Hasbro and Astley Baker Davies stemmed from SConnect’s creation and use of its ‘Wolfoo’ cartoon, which was predominantly published on SConnect’s various YouTube channels in different languages. While pre-action correspondence focused heavily on the titular character, Wolfoo’s, appearance and the broader art style of the cartoon, the pre-trial list of issues narrowed down allegations of copyright infringement to be in respect of the audio clips used by SConnect, with it being pleaded that various audio clips from Peppa Pig had been directly copied. Although SConnect denied any copyright infringement, it admitted use of some audio clips that had been included in the Wolfoo cartoon due to acts of a third-party contractor. Smith J did not accept this defence in his judgment and noted that evidence of copying had been proven through all 92 Wolfoo videos submitted in English and around three quarters of the submitted videos in foreign languages.
Upon review of the facts, Smith J consequently found in favour of Hasbro and Astley Baker Davies, ordering an injunction against SConnect that requires it to remove all of the Wolfoo videos published in the 166 member countries of World Trade Organisation. SConnect argued that the injunction was too broad in scope, with its position being that only the videos deemed to be infringing should be removed and that the injunction should only be UK-based, though this argument proved unsuccessful.
Ultimately, Hasbro and Astley Baker Davies’ approach to litigation resulted in a successful outcome and highlights the rewards of enforcement measures taken by rightsholders.
If you have any questions on the above, or if you need any advice or support in respect of your own Intellectual Property, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
