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Synopsis

The Delhi High Court, on Monday, granted interim relief to Mukesh Bhatt against the use of the term ‘Aashiqui’ by T-Series. Vishesh Films Private Limited, owned by Mukesh Bhatt, claimed that their proprietary rights in the well-known film franchise ‘Aashiqui’ by T-Series by marketing the release of their new proposed film titled ‘Tu Hi Aashiqui’ or ‘Tu Hi Aashiqui Hai’. 

The court noted that there was a connection between the T-Series film and the well-established ‘Aashiqui’ Franchise. Such confusion can harm the Aashiqui brand by diluting its distinctiveness.

The bench of Justice Sanjeev Narula, while listing the matter for October 3, held, “This confusion, even if temporary, can cause significant harm by diluting the “Aashiqui” brand and diminishing the distinctiveness of the Aashiqui Franchise. The Plaintiff’s rights in the “Aashiqui” trademark extend to protecting the title from such confusion, which is especially likely given the strong public association of the word “Aashiqui” with the series”. 

“In such circumsances, permitting the Defendant 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 added. 

Vishesh Films Private Limited, owned by Mukesh Bhatt, claimed that their proprietary rights in the well-known film franchise ‘Aashiqui’ were being infringed upon by Super Cassettes Industries Limited (T-Series), despite the existence of joint ownership as per the agreements between the parties. Vishesh Films, in conjunction with T-Series, had produced the iconic films Aashiqui (1990) and Aashiqui 2 (2013), which had become emblematic of romantic cinema in India.

Senior Advocate Sandeep Sethi, representing Vishesh Films, argued that two installments of the Aashiqui Franchise were co-produced and released jointly by Vishesh Films and T-Series, both of which had achieved significant commercial success. Senior Advocate Sandeep Sethi highlighted that T-Series had already promoted a narrative suggesting that their upcoming film was the third installment of the Aashiqui Franchise. This perception was further reinforced by the T-Series’ application to register the title ‘Tu Hi Aashiqui’. 

T-Series, represented by Senior Advocate Amit Sibal, admitted joint ownership of the Aashiqui Franchise but categorically denied any intention to produce another installment of the Aashiqui Franchise. However, they also contended that the title of their proposed film, ‘Tu Hi Aashiqui’ or ‘Tu Hi Aashiqui Hai’, was not similar to Vishesh Films’s registered trademark or a sequential title, and therefore, no public confusion would arise. 

“The titles of films have transcended their original function as mere labels, having evolved into powerful symbols that carry immense commercial significance”, the court remarked. The court noted that as film franchises or series have proliferated, often spanning decades with multiple installments under a unified title or theme, these titles have become central to the brand’s identity and success. 

“Such titles, through their consistent use, often acquire a secondary meaning that transcends the individual works they originally represented”, the court added. Such titles capture the essence of the series and evoke memories, emotions, and expectations from audiences who have engaged with the films over the years. Audiences immediately recognize and associate these titles with specific themes, characters, and storylines, creating a lasting connection that extends well beyond the release of a single film. “As a result, these titles acquire substantial goodwill and brand value, transforming into assets that are worthy of legal protection”, the court further emphasized. 

On the issue of whether the Court had jurisdiction to entertain the suit, despite the jurisdiction clauses in the agreements, observed that T-Series had challenged the jurisdiction of this Court, citing specific clauses in the agreements that conferred exclusive jurisdiction to the courts of Bombay. However, the court observed that while parties could agree on a specific forum, such a clause did not exclude the jurisdiction of other courts that would otherwise have the authority to hear the matter.

Vishesh Films had initiated a suit involving claims of trademark infringement, passing off, and breach of intellectual property rights, all of which were tortious. These claims were not purely contractual and could thus be filed in any court where a portion of the cause of action arose or where the defendant resided or conducted business.

On the issue of whether the title ‘Aashiqui’ is generic and/or common to trade, the court remarked that while a generic term cannot serve as a trademark, a term that is ‘common to trade’ may still acquire distinctiveness if it is strongly associated with a specific source. The Court found that ‘Aashiqui’  meaning ‘romance’ in Hindi/Urdu, suggested the theme of the Film but did not describe the films themselves. It was deemed a suggestive mark rather than a descriptive one, and thus eligible for trademark protection. Consequently, ‘Aashiqui’ was considered a distinctive mark with legal protection.

In conclusion, the court was of the opinion that the phonetic and conceptual similarities between the marks, along with the likelihood of confusion among the target audience, supported the claim that the T-Series’ title infringed upon the trademark rights.

Case Title: Vishesh Films Private Limited v Super Cassettes Industries Limited (2024:DHC:6691)