INTRODUCTION
The Delhi High Court’s landmark judgment in Vishesh Films Pvt. Ltd. v. Super Cassettes Industries Ltd. significantly impacted India’s media and entertainment industry, particularly concerning film title rights. In this pivotal case, the court restrained T-Series from using titles like “Tu Hi Aashiqui” or “Tu Hi Aashiqui Hai” for their proposed film, citing potential infringement on Vishesh Films’ trademark rights. Notably, T-Series and Vishesh Films jointly own the “Aashiqui” franchise. This judgment clarified the importance of protecting intellectual property rights in the entertainment industry and established a precedent for resolving disputes over film titles
BACKGROUND
The plaintiff, Vishesh Films Private Limited, is an Indian film production house which is owned by Mr. Mukesh Bhatt. Further, the defendant, super cassettes Industries limited, is founded by Late Gulshan Kumar in 1983. It is popularly known as ‘T-Series’, an Indian music record label and film production company. After the demise of Gulshan Kumar, the company has been taken over by his son, Mr. Bhushan Kumar.[1] The plaintiff has entered into agreements with the defendant, twice, for the co-production of 2 movies of Aashiqui franchise on 01-01-1990 and 21-12-2011, respectively. These agreements continued to govern the relationship between the parties in respect of any film associated with the Aashiqui Franchise, including any prequel, sequel or re-make, as provided in the 2011 Agreement.
THE INFRINGEMNET
The dispute is regarding the word ‘Aashiqui’ between the parties. The plaintiff, Vishesh Films Pvt. Ltd, alleging trademark infringement and seeking to prevent the defendant from releasing sequels, specifically “Aashiqui 3,” without expressed consent. The plaintiff claimed proprietary rights over the registered trademarks “Aashiqui” and “Aashiqui Ke Liye” under the Trade Marks Act, 1999. The defendant acknowledged joint ownership but denied plans for another instalment or derivative works, arguing their proposed film “Tu Hi Aashiqui” had a distinct title posing no risk of public confusion and assuring it would be unrelated to the franchise with no sequential linkage or adaptation, prompting a legal showdown over trademark rights, joint ownership, and potential confusion.
COURT’S DECISION
The Delhi Court issued an interim injunction, barring the Defendant and related parties from employing titles that feature the “Aashiqui” mark, specifically “Tu Hi Aashiqui” and “Tu Hi Aashiqui Hai,” for their forthcoming film. Court passed this order on the basis of the following reasons-
- ‘Aashiqui’ is not a generic term as it does not describe category of goods but rather represents the Aashiqui Franchise.
- It is a distinctive and protected mark under Trademarks act, 1999 as the title “Aashiqui” suggests a specific brand of romantic film.
- The court found that “Tu Hi Aashiqui” and “Tu Hi Aashiqui Hai” were deceptively similar to “Aashiqui,” potentially misleading consumers.
KEY TAKEAWAYS AND CONCLUSION
Delhi High court’s this order clarifies that title of film, similar to a trademark, shows the goodwill and reputation just like of any product. It proves that titles for movies fall well within the purview of distinctive trademarks-much to the relief for franchises, this is indeed in consonance with section 9, which dictates distinctive features. The court decreed ‘Aashiqui’ as not generic, hence revealing a proper sense of Section 2(1)(zb) so far as preventing confusion for consumers is concerned. Deeming “Tu Hi Aashiqui” deceptively similar, this again the Section 29(1) position on the issue of infringement. The case raises intricate questions of joint ownership of trademarks and strengthens the exercise by which courts may make an interim injunction under Section 135. The Delhi High Court’s judgment in Vishesh Films v. Super Cassettes Industries strengthened Indian trademark law, particularly in the film industry. It emphasized protecting film titles, trademark distinctiveness, and preventing consumer confusion. The ruling also addressed joint ownership complexities and set a future precedent, encouraging filmmakers to choose unique titles and prioritize brand identity.
