Delhi High Court Restrains T-Series From Using 'Aashiqui' Title In Trademark Infringement Suit By Mukesh Bhatt's Firm

The Delhi High Court has restrained film production company T-Series from using titles “Tu Hi Aashiqui”, “Tu Hi Aashiqui Hai” and “Aashiqui” in respect of an upcoming film.

Justice Sanjeev Narula granted an interim injunction in favour of Vishesh Films, a film company owned by Mukesh Bhatt, in a trademark infringement suit filed against Super Cassettes Industries Private Limited, which does business as T-Series.

The court said that Vishesh Films' mark “Aashiqui” is registered under the Trade Marks Act, 1999 and that it is crucial to protect titles of expressive works that become part of a series and have the potential of acquiring distinctiveness.

“The “Aashiqui” title is not just an instance of isolated use, but rather, has become part of a recognised film series, with two successful instalments released in 1990 and 2013,” the court said.

Vishesh Films, in collaboration with T-Series, produced films Aashiqui (1990) and Aashiqui 2 (2013). The former claimed rights over the trademarks “Aashiqui” and “Aashiqui Ke Liye registered under the Trade Marks Act, 1999.

Vishesh Films sought to prevent T-Series from releasing any sequels and an anticipated third instalment tentatively titled “Aashiqui 3” or “Tu Hi Aashiqui” or “Tu Hi Aashiqui Hai”, without its express consent.

Ruling in favour of Vishesh Films, the court said the film production company's registrations for “Aashiqui” and “Aashiqui Ke Liye” titles provide a legal presumption of validity and distinctiveness, which T-Series had not rebutted.

The court said that the word “Aashiqui” was prima facie not a mere descriptive term but rather a distinctive mark that suggested a specific brand of romantic films, capable of being protected under trademark law.

“Therefore, in the prima facie opinion of the Court, the title “Aashiqui” is neither generic nor common to trade. It is a suggestive mark that has acquired distinctiveness and goodwill through its association with the successful Aashiqui Franchise. The term “Aashiqui” does not describe the general category of goods or services (films) but instead functions as a distinctive brand identifier for the Aashiqui Franchise,” the court said.

It added that the Aashiqui Franchise has, prima facie, built a strong following amongst viewers who are likely to be misled by T-Series' use of a similar title, particularly given the overlap in the thematic content suggested by both titles and the history of association between the parties.

“Franchise. In this case, the Defendant's use of “Aashiqui” in their title could dilute the distinctiveness of the Plaintiff's trademark by creating a misleading association between the proposed film and the Aashiqui Franchise, regardless of the film's actual content,” it said.

Justice Narula concluded that prima facie, the phonetic and conceptual similarities in the marks in question, combined with the likelihood of confusion among the target audience, infringed upon the Vishesh Films' trademark right.

“The Plaintiff's brand is closely tied to the title “Aashiqui” and therefore, allowing the Defendant to use a deceptively similar title would not only dilute this brand but could also lead to consumer confusion, causing long- term harm to the Plaintiff's reputation and diminishing the value of their intellectual property,” the court said.

Title: VISHESH FILMS PRIVATE LIMITED v. SUPER CASSETTES INDUSTRIES LIMITED

Citation: 2024 LiveLaw (Del) 968

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