Vishesh Films Private Limited (Plaintiff) filed a lawsuit against Super Cassettes Industries Limited (Defendant), claiming violation of joint ownership rights over the iconic "Aashiqui" film franchise. The Plaintiff sought to restrain the Defendant from using the term "Aashiqui" or releasing any sequels, including "Aashiqui 3," without their consent. The Defendant denied intentions to produce another installment and claimed no risk of public confusion as the proposed title, "Tu Hi Aashiqui," was not a continuation of the franchise.
Key Points of Dispute:
1. Joint Ownership: Vishesh Films and Super Cassettes jointly co-produced Aashiqui (1990) and Aashiqui 2 (2013), both enjoying commercial success. The Plaintiff argued that any future installment or derivative work required joint consent.
2. Trademark Infringement: The Plaintiff holds trademarks over "Aashiqui" and "Aashiqui Ke Liye" in various classes. They claim that Defendant’s proposed title, "Tu Hi Aashiqui," risks misleading the public into associating the new film with the existing franchise, violating trademark rights.
3. Defendant's Position: The Defendant maintained that their film title is not similar to "Aashiqui" and promised that it would not resemble or continue the storyline from the previous films. However, the Plaintiff insisted that the public narrative and promotion by the Defendant could mislead audiences into believing otherwise.
Court’s Findings:
1. Trademark Validity: The court found the term “Aashiqui” had acquired distinctiveness and secondary meaning, making it a valuable trademark. It rejected the Defendant’s argument that “Aashiqui” was generic or common to trade.
2. Likelihood of Confusion: The Court opined that the title "Tu Hi Aashiqui" was deceptively similar to "Aashiqui" and likely to cause public confusion. Given the long-standing association of the word “Aashiqui” with the Plaintiff’s franchise, the use of this term in another film title could mislead audiences into believing it was part of the Aashiqui franchise.
Injunction: An interim injunction was granted in favor of the Plaintiff, restraining the Defendant from using the title “Tu Hi Aashiqui” or any name containing “Aashiqui” for their film.
Vishesh Films Private Limited v Super Cassettes Industries Limited
CS (COMM) 68/2024
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