Entertainment — India Trademark Cases
16 decisions indexed
Page 1 of 1 · 16 total
Dharma Production Private Limited v.Bhallaram Choudhary
The Rajasthan High Court addressed an appeal filed by Dharma Production Private Limited seeking a stay on an injunction preventing the release of their movie, 'Jigra,' due to alleged trademark violation. The court initially found that prima facie, naming a movie does not constitute trademark infringement when the appellant is not trading in goods or services under that name. However, given that the film had already been released, the High Court ultimately disposed of the appeal while directing the Trial Court to proceed with the temporary injunction application and the main suit strictly according to law.
Vrajotsav Goswami v.Devendra Verma
Vrajotsav Goswami filed a suit seeking permanent injunction and damages against Devendra Verma, alleging infringement and passing off of his unique singing style name 'Vrajrang' (ब्रजररग), which he claimed to have developed since 1983. The defendant counter-claimed for declaration of prior user rights over the word 'Brajrang'.
M/S.Chu Chu Tv Studios Llp v.The Registrar Of Trademarks
The Madras High Court allowed the appeal filed by M/S. Chu Chu Tv Studios LLP against the Registrar of Trademarks' rejection of its device mark registration (CHU CHU TV). The court overturned the refusal, finding that the grounds cited by the Registrar—including lack of turnover disclosure and failure to provide a Section 65B certificate for online content—were untenable. Crucially, the High Court held that when evidence is sourced from third-party online articles, the applicant cannot be required to produce a Section 65B certificate, thereby paving the way for the mark's acceptance.
Venus Worldwide Entertainment Private Limited v.Popular Entertainment Network (Pen) Private Limited & Anr.
The Delhi High Court dismissed the Plaintiff's application for an interim injunction, which sought to prevent Defendants from releasing a film titled 'Khiladi'. The court found that the Plaintiff failed to establish a prima facie case and determined that the balance of convenience favored the Defendants. Despite the Plaintiff claiming extensive goodwill and secondary meaning for its trademark 'KHILADI', the Court held that movie titles alone do not warrant an injunction without content similarity, ultimately allowing the disputed film's release.
Twentieth Century Fox Film Corporation v.The Registrar
The Delhi High Court allowed Twentieth Century Fox Film Corporation's appeal, overturning the Trade Marks Registry's refusal to register a proposed mark. The court held that despite some phonetic similarity, the marks were not similar when viewed as a whole because the cited mark was a composite device containing unique visual elements (a sketch and bilingual text) absent in the appellant's mark. This ruling emphasizes that for trademark opposition under Section 11(1), the comparison must be holistic, preventing mere phonetic resemblance from leading to rejection.
Guillermo Horacio Pino v.Blissbury Care Pvt. Ltd. & Anr.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Guillermo Horacio Pino against Blissbury Care Pvt. Ltd. and others. The Plaintiff, who owns significant goodwill associated with the children's content brand 'PLIM PLIM,' successfully argued that the Defendants were using an identical mark for baby diaper products. The Court found a prima facie case, noting the likelihood of irreparable harm to the Plaintiff's reputation due to consumer confusion.
RRR Motion Pictures And Ors v.Shahe Ali
The Delhi High Court addressed a petition seeking to set aside an order that framed issues in a trademark infringement suit. The core issue was whether the Petitioners' request for permission to file a rectification petition under Section 124 of the Trade Marks Act, 1999, had been properly considered. The Court clarified that while a civil court must examine the prima facie tenability of an invalidity plea, this process is not equivalent to granting 'permission.' It directed the Commercial Court to decide on the validity application before proceeding with the main infringement trial.
Warner Bros Entertainment Inc. v.Mr Ishant Kashiwal Trading As The Hogwarts Kafe & Ors.
Warner Bros Entertainment Inc. successfully secured an interim injunction against Mr Ishant Kashiwal Trading As The Hogwarts Kafe in a suit for trademark infringement, passing off, and unfair competition. The court recognized Warner Bros' status as a global leader and prior proprietor of the well-known 'Hogwarts' trademarks. Crucially, the defendant was immediately restrained from using the infringing mark 'The Hogwarts Kafe' at their restaurant premises and directed to remove all related advertisements and listings online.
Minbimbangal Productions (P) Ltd v.Harshini Movies
Minbimbangal Productions (P) Ltd filed a suit against Harshini Movies seeking permanent injunction to prevent the use of the title 'Vidathu Karuppu' or any deceptively similar title for its motion picture. The plaintiffs had previously secured an interim injunction regarding this matter. However, subsequent developments revealed that the defendant had changed the name of their film to 'Shenbaga Kottai'. Consequently, the plaintiffs filed a memo stating that they were not pressing the suit further, leading the court to dismiss the case as not prosecuted.
Bluechip Amusements (India) Pvt.Ltd. v.Crazy Concepts & Mazes Pvt.Ltd.
The Madras High Court ruled in favor of Bluechip Amusements, granting a perpetual injunction against Crazy Concepts & Mazes. The dispute centered on the use of the terms 'HORROR HOUSE' and 'HOUSE OF HORRORS' in the amusement industry. Despite the defendant claiming prior rights and trademark registration, the court found that the plaintiff had established continuous business operations under these names since 2008. Consequently, the court held that the defendant's caution notice was unjustified and groundless, protecting the plaintiff's business interests.
A.Rajendran v.Thenandal Studios Limited
The appeal was filed by A.Rajendran against an order dismissing his application for injunction, which sought to restrain respondents from using the title 'Mersal' (an adopted version of 'Merrasalaitan'). The court dismissed the appeal, finding that the appellant failed to prove that the subject title had acquired any goodwill or reputation.
Abp News Network Private Limited & Anr v.Pobi Infrastructure Private Limited & ...
The Calcutta High Court decreed a suit filed by ABP News Network against Pobi Infrastructure, resolving the dispute through an amicable out-of-court settlement. The defendants acknowledged that the mark "Shera Bangali" is a well-known trademark of the plaintiffs and committed not to use it for their upcoming or future film ventures. This judgment underscores the importance of pre-litigation settlements in IP disputes involving brand reputation.
Kanungo Media (P) Ltd. v.Rgv Film Factory And Ors.
Kanungo Media sought a permanent injunction against Rgv Film Factory for using the title 'Nishabd' for their film, claiming it was deceptively similar to their award-winning film 'Nisshabd'. The plaintiff argued that its prior recognition and association with the name gave it exclusive rights. However, the Delhi High Court dismissed the interim injunction application due to significant delay in approaching the court, noting that the balance of convenience had shifted heavily in favor of the defendant as the film was nearing release.
Goel Pocket Books v.Raja Pocket Books
The respondent, Raja Pocket Books, sought an ad interim injunction against the appellant, Goel Pocket Books, for using the deceptively similar trade mark 'Nagputra' in relation to comics, which infringed upon their established trade mark 'Nagraj'. The court found that there was a likelihood of confusion among consumers, especially children, and dismissed the appeal.
Time Warner Entertainment Company v.A.K. Das
Time Warner Entertainment Company sought a permanent injunction against A.K. Das for conducting television services under the name CBO/CABLE BOX OFFICE, which was deemed deceptively similar to Time Warner's established trade mark HBO/HOME BOX OFFICE. The court confirmed the interim injunction, finding that the balance of convenience favored the plaintiff.
Columbia Pictures Industries, Inc v.Registrar Of Trade Marks & Anr
Columbia Pictures Industries, Inc appealed against the order of the Registrar of Trade Marks rejecting their opposition to the registration of the mark GHOST BUSTER. The appellant argued that the mark is similar to their well-known trademark GHOSTBUSTERS and that the respondent had applied for registration in bad faith. The court quashed and set aside the impugned order and remanded the case for fresh consideration. The Registrar will now consider the appellant's contentions relating to alleged bad faith and the claim that the mark GHOSTBUSTERS is entitled to protection as a well-known trademark.
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