MIAMI — Telemundo Television Studios may continue to use the telenovela character "El Cabo" during ongoing litigation with Caracol Television, a federal judge ruled last week.
U.S. District Court Judge Darrin P. Gayles, on the bench in Florida's Southern District, denied Caracol Television's motion for a preliminary injunction against Telemundo Television Studios and its subsidiaries, named as defendants in the case.
In his seven-page order issued Dec. 20, Judge Gayles said Caracol had failed to prove it would sustain irreparable injury without the injunction over Telemundo's use of the telenovela character "El Cabo."
"Aside from repeatedly contending that this case centers on a copyright dispute and not a breach of contract claim, Caracol has offered little to no counterargument for Telemundo's contention that damages are a sufficient remedy," Judge Gayles said in his order. "In its reply, Caracol alleges that it has suffered monetary harm and will continue to do so if Telemundo continues to use El Cabo. But nowhere does Caracol provide evidence of lasting damage to, for example, its brand, reputation, or customer base by virtue of Telemundo’s continued use of El Cabo."
Caracol and Telemundo once partnered to develop, produce, and distribute the telenovela "El Senõr de los Cielos," featuring the character "El Cabo," according to the background portion of the order.
"Caracol alleges that El Cabo is a distinctive character with certain features that make him noteworthy, or in other words, subject to a copyright," the order said.
All parties in the case contest whether the agreement between Caracol and Telemundo gave Telemundo license or copyright over El Cabo or only the right for Telemundo to use El Cabo for specific scenes. Caracol, in its motion for a preliminary injunction, failed to prove it would suffer irreparable harm if Telemundo continues to use El Cabo as the two companies continue to litigate over the matter, according to Judge Gayles' order.
"The Court finds no irreparable harm here," the order said. "In its Motion, Caracol argues that Telemundo's use of the character 'denies Caracol its right to control its work, denies it the right to realize economic gain from its own use of [the character], and threatens the loss of a valuable asset.' But damages would remedy each injury."