Zorro Production, Inc v Heshan Star Metal Products Co. Ltd

Zorro Production, Inc. (Zorro) sought to prevent Heshan Star Metal Products Co. Ltd (Heshan) from infringing its copyright in the character of Zorro. Zorro alleged that Heshan had produced and sold goods bearing a character that was substantially similar to its own registered Zorro character, thereby infringing its copyright. The matter came before the Federal Court of Australia.

The primary legal issue before the court was whether Heshan's character constituted an infringement of Zorro's copyright in the Zorro character. This required the court to consider the degree of similarity between the two characters and whether that similarity was sufficient to establish infringement, taking into account the originality of Zorro's character and the extent of copying.

The court applied the principles of copyright law, focusing on the test for substantial similarity. It examined the visual elements of both characters, considering the overall impression conveyed by each. The court found that Heshan's character reproduced a substantial part of the original expression of Zorro's character, which was protected by copyright. The court determined that the similarities were not merely coincidental or attributable to common themes, but rather indicated a reproduction of the protected elements of Zorro's character.

The court ordered that Heshan be restrained from infringing Zorro's copyright and awarded damages to Zorro.