The Delhi High Court has granted an interim injunction in favour of filmmaker Mukesh Bhatt, restraining T-Series from using the titles "Tu Hi Aashiqui," "Tu Hi Aashiqui Hai," or any other name that incorporates the "Aashiqui" mark for their upcoming film.

The Single-Judge Bench of Justice Sanjeev Narula passed the order while hearing a suit filed by Vishesh Films, Bhatt's production company, against Super Cassettes Industries Limited, which owns T-Series.

"...an interim injunction is granted in favour of the Plaintiff, 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 crux of the dispute centers around the ownership and rights associated with the "Aashiqui" franchise, a series that has seen two successful installments—the original Aashiqui released in 1990 and Aashiqui 2 in 2013. Both films were co-produced by Mukesh Bhatt's Vishesh Films and T-Series, achieving considerable commercial success and cementing "Aashiqui" as a well-recognized brand in the Indian film industry.

Senior Advocate Sandeep Sethi, appearing for Bhatt, contended that Vishesh Films and T-Series jointly own not only the previous two Aashiqui movies but also any sequels or future installments that would form part of the franchise. This joint ownership, he argued, includes all intellectual property rights and derivative rights associated with the Aashiqui brand. The dispute arose when T-Series, allegedly without the consent of Vishesh Films, began taking steps to produce the third installment of the franchise, tentatively titled Aashiqui 3 or Tu Hi Aashiqui.

The Senior Counsel argued that T-Series’ actions amounted to an attempt to usurp and misappropriate the Aashiqui franchise, infringing on the copyright and joint-ownership rights of Vishesh Films. Sethi asserted that such unauthorized use of the Aashiqui title not only violates the established legal agreements between the parties but also poses a significant risk of confusing the public, given the existing anticipation for a third installment in the franchise.

The Single-Judge emphasized the importance of protecting the titles of expressive works, particularly when they form part of a series with the potential to acquire distinctiveness. The Court acknowledged that the Aashiqui title is not an instance of isolated use but has become part of a recognized film series with a strong public association.

"The Aashiqui title has transcended its original use, becoming a well-established film series with significant recognition. Permitting the defendant [T-Series] to use a deceptively similar title, especially in light of the public's anticipation of a third installment, would result in infringement of the plaintiff’s trademark rights," the Court said.

The Court noted that while moviegoers may eventually discern that there is no direct link between the proposed T-Series film and the previous Aashiqui movies, there is an initial likelihood of confusion. Trademark law, the Court explained, is concerned with this initial likelihood, where the public might be misled into believing that there is an association between the T-Series film and the well-established Aashiqui franchise.

"This confusion, even if temporary, can cause significant harm by diluting the Aashiqui brand and diminishing the distinctiveness of the Aashiqui franchise," it observed. The Court further ruled that allowing T-Series to proceed with the use of a title similar to Aashiqui would likely mislead consumers and dilute the brand identity that Mukesh Bhatt and Vishesh Films have meticulously built over decades.

"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 consumer and diluting the brand identity of the Aashiqui Franchise," the Court said. Accordingly, with the foregoing directions, the Court disposed of the suit.

Cause Title: Vishesh Films Private Limited v. Super Cassettes Industries Limited [Neutral Citation: 2024: DHC: 6691]

Appearance:-

Plaintiff: Senior Advocate Sandeep Sethi, Advocates Pravin Anand, Dhruv Anand, Udit Patro, Sampurna Sanyal, Nimrat Singh, Dhananjay Khanna

Defendant: Senior Advocate Amit Sibal, Advocates Harsh Kaushik, Shumi Wasandi, Sachin Akhoury

Click here to read/download the Judgment


Justice Sanjeev NarulaDelhi High CourtT-SeriesTrademark InfringementTrademarks Act

Sukriti Mishra