Shanghai Animation Film Studio, the creator of the cartoon TV series "Calabash Brothers," has filed a lawsuit claiming a cosmetics company in Guangdong Province and Metro Jinjiang Cash and Carry Co produced and sold soap and baby lotion with packages printed with the image of its characters.

A scene from "Calabash Brothers," a cartoon TV series created by Shanghai Animation Film Studio. [jfdaily.com]

The studio is seeking 1 million yuan (US$146,433) compensation, the Shanghai No.2 Intermediate People's Court heard Wednesday.

Founded in 1957, the studio created the 13-episode "Calabash Brothers" series with paper-cut animation in 1986. The show told the story of seven brothers transformed from calabashes, a type of fruit, into boys with supernatural powers.

The studio demanded Hongyu Cosmetics, based in Shantou City, Guangdong Province, stop producing the products and destroy its stocks.

The cosmetics company claimed to have the approval of the Trademark Office to use the image. It claims it applied to the office in 2004 and was approved.

The defendants also argued that the Calabash Brothers story was a folk legend owned by the entire Chinese nation. They also pointed out about 20 minor differences between the cartoon figures created by the studio and the images they used.

The court didn't reach a verdict and the plaintiff and defendants agreed to conduct mediation in court.

(CRI November 13, 2008)