A fictional lawyer better known on a stage than in the courtroom was at the centre of a real-life court case over an alleged breach of copyright today.
Actor Fabian Scerri De Carlo and author Frederick Camilleri were sued by Bronk Productions Ltd, which alleged that the farcical character of Gawdenz Bilocca had been inspired by an earlier fictional character by the name of Gawdenz Spadaru.
Bronk Productions directors Benny Casha and Pierre Bonello alleged that the earlier character had been the brainchild of Mr Casha’s grandfather, likewise a popular player in local theatre in the past.
The theatre and TV production company took the matter to court where it was revealed that a partnership between the parties to promote the popular TV series had fallen apart in 2007. Although Bronk Productions had received their dues, they later learnt that Mr Scerri De Carlo had obtained trademark rights over the fictional character and was planning future productions.
The First Hall, Civil Court, presided over by Madame Justice Jacqueline Padovani Grima, heard how the applicants had allegedly invested some €160,000 on the character of Gawdenz Bilocca over which the respondents had no exclusive rights.
However, this was rebutted by Mr Scerri De Carlo, who explained that the character of Gawdenz Bilocca was distinctly different from the earlier personality, having his own particular traits, gestures and even appearance.
Moreover, it was pointed out that after registering the Gawdenz Bilocca trademark in his name in 2007, Bronk Productions had never raised any objections, but had rather acknowledged that the popular character was his personal creation. Indeed, the key player in the fictional TV and theatre production owed his success to the joint effort of both Mr Scerri De Carlo and Mr Camilleri.
After hearing the testimony of various members involved in the media and theatre production, the court concluded that there was a clear difference between the appearance and role assigned to the two fictional characters, pointing out that the earlier Gawdenz Spadaru, as attested by filmed performances, had not featured as a central character.
The court noted that after registering the trademark, Mr Scerri De Carlo had established a business involving the sale of merchandise bearing the image of the comical lawyer.
The court turned down the application, declaring that when paying Bronk Productions for their writing services in relation to the TV series, the respondents had never ceded their rights over the protagonist character.