Relief for Mukesh Bhatt as Delhi High Court restrains T Series from using 'Aashiqui' title

In a major relief for filmmaker Mukesh Bhatt, the Delhi High Court restrained T-Series from using the titles “Tu Hi Aashiqui”, “Tu Hi Aashiqui Hai” or any other name which uses the mark “Aashiqui” for their film [Vishesh Films Private Limited v Super Cassettes Industries Limited]..Justice Sanjeev Narula passed an interim injunction order and ruled that “Aashiqui” title is not just an instance of isolated use but has rather become part of a recognised film series, with two successful instalments released in 1990 and 2013."In light of the above, an interim injunction is granted in favour of the plaintiff (Mukesh Bhatt), restraining the Defendant, and/or anybody acting on their behalf, from using the title “Tu Hi Aashiqui”/ “Tu Hi Aashiqui Hai” and/or any other name/ title which uses the mark “Aashiqui”, in respect of their proposed film," the Court ordered. .The Court stressed that while it may be true that the moviegoers will find that there is no direct link between the film produced by T-Series and the previous two Aashiqui movies, there is an initial likelihood of confusion. Trademark law is concerned with the initial likelihood of confusion where the public might be misled into believing that there is an association between T-Series film and the well-established Aashiqui franchise, the Court said.“This confusion, even if temporary, can cause significant harm by diluting the “Aashiqui” brand and diminishing the distinctiveness of the Aashiqui Franchise... permitting the Defendant [T-Series] to use a deceptively similar title, especially given the existing public anticipation of a third instalment of the Aashiqui Franchise, would have the effect of infringing the Plaintiff’s trademark rights by misleading consumers and diluting the brand identity of the Aashiqui Franchise,” the Court stated. .The Court passed the order on a suit filed by Vishesh Films (Bhatt's company) against T-Series.Bhatt and T-Series had co-produced the first Aashiqui film in 1990 and Aashiqui 2 in the year 2013. Both the films were commercially successful. They were earlier in discussion to make Aashiqui 3. It is Bhatt’s case that he and T-Series have joint-ownership of not only the previous two Aashiqui movies but also any sequels that form part of the Aashiqui film franchise. This includes all the intellectual property and derivative rights associated with the franchise and all future instalments by whatever name including ‘Aashiqui 3’ or ‘Tu Hi Aashiqui’.He said that T-Series is attempting to usurp and misappropriate the Aashiqui franchise and is taking steps to produce the third instalment of the franchise under the name Aashiqui 3 or Tu Hi Aashiqui without consent of Vishesh Films. This infringes on their copyright and joint-ownership, it was argued..The Court heard the arguments on the interim injunction plea and said that it is crucial to protect titles of expressive works that become part of a series and have the potential of acquiring distinctiveness. "In this case, considering the fact that the parties have previously publicised the possibility of co-producing a third instalment to the Aashiqui Franchise, there exists a strong public association of the “Aashiqui” mark with the continuing series of films,” the Court said..Senior Advocate Sandeep Sethi with advocates Pravin Anand, Dhruv Anand, Udita Patro, Sampurna Sanyal, Nimrat Singh and Dhananjay appeared for Vishesh Films. Senior Advocate Amit Sibal along with advocates Harsh Kaushik, Shumi Wasandi and Sachin Akhoury represented T-Series..[Read Order]