Update: Caprino Filmcenter vs. Hunderfossen Family Park and Aukruststiftelsen
Our client Aukruststiftelsen holds the IP rights relating to the fictional “Flåklypa” (in English: “Pinchcliffe”) universe, which was created by Kjell Aukrust. The Pinchcliff universe formed the basis for the famous Norwegian animated feature film, “Pinchcliffe Grand Prix”. Aukruststiftelsen granted a license to use the rights to “Il Tempo Gigante”, a car that features prominently in the movie, to amusement park Hunderfossen Familiepark AS so that the park could construct a rollercoaster based on the car’s appearance. Caprino Filmcenter AS then sued the park, claiming that, due to its involvement in the film, it held the rights to the drawing of “Il Tempo Gigante” on which the rollercoaster was based. Aukruststiftelsen intervened and brought a counterclaim, claiming that it is the sole holder of rights to the drawing concerned.
The District Court ruled in Aukruststiftelsen’s and the park’s favour, whereas the majority of a split Court of Appeal ruled in favour of Caprino. The Supreme Court granted leave to appeal on the copyright issues and in its decision 15 November 2017 found in favour of Aukruststiftelsen and the park. The case continued in the autumn of 2018 in the Court of Appeal, which considered the remaining questions concerning alleged breach of the Marketing Control Act’s provisions on good business practice and imitation of products, as well as the principle of loyalty in contracts. In its decision handed down on 3 December 2018, the Court of Appeal ruled in favour of Aukruststiftelsen and the park. The decision may still be appealed to the Supreme Court.