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Synopsis

Apparel manufacturer ‘Killer Jeans’ has filed a trademark infringement suit against the Netflix series 'Killer Soups' in the Bombay High Court.

Kewal Kiran Clothing Limited, the owner of the Killer Jeans trademark, has sought damages of Rs. 25 crores from Netflix in its infringement suit.

In its plaint, KKCL claimed to have registered the trademark for Killer Jeans in 2001 and 2004.

Additionally, the plea stated that upon discovering the trailer of the series 'Killer Soups' on Netflix, KKCL sent a notice to the streaming platform and the producer of the series, MacGuffin.

However, after receiving no response to the notice, Netflix wrote to KKCL, stating that it was inquiring into the allegations of KKCL after which there was no response.

The plaint alleges that Netflix is not only guilty of infringing the trademark but also of passing off by copying KKCL's mark in its entirety.

“The Plaintiff submits that the Defendants are not only guilty of infringing the Plaintiffs registered trade marks but are also guilty of "passing off'. The Defendants have slavishly copied the Plaintiffs mark in its entirety, so as to create an impression that it is in some way connected with the Plaintiff or under the sponsorship md/or approval of the Plaintiff. The obvious intention of the Defendants is to mislead and deceive the public at large. The Defendants are deliberately copying the Plaintiffs trade marks with the obvious dishonest intention of misleading and deceiving the public at large and lo trade upon the enviable reputation of the Plaintiff in the same,” the plaint reads.

KKCL had sought a direction to be issued for taking down the mark ‘Killer Soup’ from the internet and social media of the makers of the series.

KKCL has also sought a permanent injunction be issued against the defendant for not using the mark ‘Killer Soup.

Case title: Kewal Kiran Clothing Ltd v. Netflix Entertainment Services India LLP & Ors.