Rajasthan High Court Lifts Stay On Release Of Alia Bhatt Starrer 'Jigra' Over Trademark Dispute
The Jodhpur bench of the Rajasthan High Court in an interim order on Thursday (October 10) lifted a stay imposed by a commercial court, temporarily restraining the release of Alia Bhatt's starer “Jigra”, scheduled for Friday (October 11).
A division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman in its interim order said, "As an ad interim measure, the effect and operation of the impugned order dated 08.10.2024 passed by learned Commercial Court No.1, Jodhpur in Civil Misc. Application No.60/2024 in Civil Suit No.100/2024 shall remain stayed, till the next date".
The order was passed after the film's producer Dharma Productions moved the high court challenging the commercial court's October 8 order which had stayed the release of the film after respondent Bhallaram Choudhary claimed trademark infringement in relation to the title of the movie. The Commercial Court at Jodhpur had granted an interim injunction on the release of the movie pending the adjudication of the matter.
Challenging the commercial court's stay order before the high court in its application for stay, the counsel for the appellant-production house argued that the appellant was not conducting any "trade in goods and service" under the name of “Jigra” which could amount to a violation under the Trademarks Act "by naming the movie".
Opposing this, the counsels for the respondent submitted that Choudhary was having trademark registration for the term “Jigra” in the "field of education and entertainment" which needed protection. They argued that unless such protection was granted, the release of the film would impact his business.
The bench noted that the final disposal of the stay application would require proper pleadings supported by affidavit, but the same were yet to be completed.
At the threshold the bench took into account three parameters–"prima facie case; irreparable loss, and balance of convenience", and observed:
"this Court is prima facie convinced that the name of the movie in question would not infringe the trademark rights of the goods and services. Moreover, the appellant is not trading in the name of 'Jigra', rather it is M/s. Dharma Production Private Limited. Thus, the goods and services rendered by Dharma Production Private Limited by naming a movie as 'Jigra' cannot be said to be an infringement of trademark laws".
The bench thereafter stayed the operation of the commercial court's stay order. It however said that it is conscious of the fact that if any kind of violation is made out, then the appropriate remedy–damages/ monetary compensation, could be granted to the respondent. However, for this, the court said, the appellant production house could not be put to a "financial loss" on account of non-release of the film.
The matter is next listed on October 16.
Case Title: Dharma Production Private Limited v Bhallaram Choudhary
Counsels for the Appellants: Senior advocate Vikas Balia, along with advocates Abhilasha Bora, Akanksha Choudhary, Khushbu Choudhary, Vikas Siddhawat, Mitakshi, and Prithvi Singh
Counsel for the Respondents: Senior advocate R.N. Mathur, along with advocates Falgun Buch, O.P. Mehta, V.D. Gaur, Gopal Krishna Chhangani, Simran Mehta