As a seasoned observer of the dynamic world of Bollywood, I must say that the recent court ruling in favor of Mukesh Bhatt is a clear testament to the power of branding and intellectual property rights in the entertainment industry. Having spent decades immersed in this realm, I’ve witnessed countless instances where the wrongful appropriation of established franchises can lead to confusion, conflict, and ultimately, a tarnishing of the original brand’s reputation.
The Delhi High Court has granted filmmaker Mukesh Bhatt a substantial win by prohibiting Bhushan Kumar’s T-Series and its associates from utilizing the titles ‘Tu Hi Aashiqui,’ ‘Tu Hi Aashiqui Hai,’ or any other titles containing the term ‘Aashiqui.’ This decision marks a significant triumph for Bhatt.
According to a report by Bar and Bench, Justice Sanjeev Narula issued a temporary restraining order, recognizing that the title “Aashiqui” is an essential part of a well-known movie series with releases in 1990 and 2013. This court decision allows Mukesh Bhatt to temporarily prevent the defendant and their representatives from using titles like ‘Tu Hi Aashiqui,’ ‘Tu Hi Aashiqui Hai,’ or any other title that contains the “Aashiqui” mark for their upcoming film.
According to the same source, the Court acknowledged that viewers might not immediately see a connection between the T-Series film and previous Aashiqui installments. However, there is a potential for initial confusion due to this matter. This confusion occurred when Mukesh Bhatt’s company, Vishesh Films Private Limited, filed a lawsuit against T-Series’ Super Cassettes Industries Limited. The dispute started when both companies aimed to create a third installment of the Aashiqui series.
Vishesh Films argues that Bhushan Kumar’s suggested titles for T-Series, ‘I am Addicted’ or ‘I am Addicted to You,’ violate the existing rights and trademarks, leading to a court case.
Bhatt and T-Series have a history of collaborating on successful films such as “Aashiqui” (1990) and “Aashiqui 2” (2013). They had previously discussed working on a third installment together. Bhatt claims that both he and T-Series hold joint ownership over the previous films and any sequels within the “Aashiqui” franchise. He accuses T-Series of attempting to seize control of the franchise and producing the third film under titles like “Aashiqui 3” or “Tu Hi Aashiqui” without consulting Vishesh Films.
In a court case, T-Series argued that Mukesh Bhatt’s company had not contested the use of the term ‘Aashiqui’ in the 2021 film “Chandigarh Kare Aashiqui,” which was also produced by T-Series. They suggested that this inaction indicated Bhatt’s company had given up its rights to the term. However, Justice Narula did not find enough evidence to support this argument and affirmed that Bhatt’s rights to the trademark remained unaffected by the lack of objection.
The court stated that given the parties had earlier made public their potential collaboration on a third installment in the Aashiqui Franchise, there is a strong public perception linking the ‘Aashiqui’ mark with the ongoing series of films.
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2024-09-03 17:30