Apparel Manufacturer 'Killer' Files Trademark Infringement Suit In Bombay High Court Against Netflix Series 'Killer Soup'

A trademark infringement suit has been filed in the Bombay High Court by Kewal Kiran Clothing Limited against Netflix Entertainment Services India LLP and Macguffin Pictures LLP for alleged infringement of their registered 'KILLER' trademark.

Kewal Kiran, a major apparel manufacturer and retailer in India, claims to be the proprietor of the 'KILLER' trademark registered across various classes including clothing, retail services, advertising etc. since the early 2000s. As per the application, Kewal Kiran's 'KILLER' brand has acquired substantial reputation and goodwill over the years through sales, advertising and quality.

Kewal Kiran states it recently became aware of Netflix web series titled 'KILLER SOUP' produced by Macguffin Pictures, whose trailer was released on January 3rd mentioning the companies' names. Kewal Kiran issued a cease and desist notice to Netflix and Macguffin on January 10th to immediately stop using the allegedly infringing title, but received no substantive response.

Through this interim application filed on January 15th, Kewal Kiran now seeks urgent interim reliefs from the High Court - restraining Netflix and Macguffin from using the 'KILLER SOUP' title or any other mark similar to 'KILLER', broadcasting the web series. He also seeks appointment of a Court Receiver to search and seize infringing material.

Kewal Kiran argues that 'KILLER SOUP' is identical to their 'KILLER' mark, and the defendants have dishonestly copied their mark entirely to trade upon their reputation and goodwill. This is likely to deceive the public and cause Kewal Kiran irreparable harm and damage. Kewal Kiran has prima facie case with a strong balance of convenience in their favor against Netflix and Macguffin's blatant infringement, the plea states.

The matter will come up for hearing before the Commercial Division of the Bombay High Court in due course.