On Monday, the Delhi High Court granted interim relief to Mukesh Bhatt concerning the use of the term ‘Aashiqui’ by T-Series.

Vishesh Films Private Limited, owned by Mukesh Bhatt, asserted that their proprietary rights were being infringed upon by T-Series, which was marketing their new proposed film under the titles ‘Tu Hi Aashiqui’ or ‘Tu Hi Aashiqui Hai,’ both of which are closely associated with Bhatt's well-known film franchise, ‘Aashiqui.’

The court observed that there was a link between the T-Series film and the well-established ‘Aashiqui’ franchise. Such a connection could potentially harm the Aashiqui brand by diluting its distinctiveness.

The bench of Justice Sanjeev Narula, while listing the matter for October 3, held, “This confusion, even if temporary, can cause significant harm by diluting the “Aashiqui” brand and diminishing the distinctiveness of the Aashiqui Franchise. The Plaintiff’s rights in the “Aashiqui” trademark extend to protecting the title from such confusion, which is especially likely given the strong public association of the word “Aashiqui” with the series”. 

“In such circumsances, permitting the Defendant to use a deceptively similar title, especially given the existing public anticipation of a third instalment of the Aashiqui Franchise, would have the effect of infringing the Plaintiff’s trademark rights by misleading consumers and diluting the brand identity of the Aashiqui Franchise”, the court added. 

Vishesh Films Private Limited, led by Mukesh Bhatt, asserted that their proprietary rights in the renowned ‘Aashiqui’ franchise were being infringed upon by Super Cassettes Industries Limited (T-Series), despite existing joint ownership agreements between the parties. Vishesh Films and T-Series had collaboratively produced the iconic films *Aashiqui* (1990) and *Aashiqui 2* (2013), both of which became symbols of romantic cinema in India.

Senior Advocate Sandeep Sethi, representing Vishesh Films, argued that the two installments of the Aashiqui franchise were co-produced and released jointly by both companies, achieving notable commercial success. He pointed out that T-Series had promoted their upcoming film as the third installment of the Aashiqui franchise, a notion further supported by their application to register the title ‘Tu Hi Aashiqui’.

On the other hand, T-Series, represented by Senior Advocate Amit Sibal, acknowledged the joint ownership of the Aashiqui franchise but firmly denied any plans to produce a new installment of the series. T-Series contended that their proposed film’s title, ‘Tu Hi Aashiqui’ or ‘Tu Hi Aashiqui Hai,’ was neither similar to Vishesh Films’s registered trademark nor a sequential title, thus asserting that no public confusion would result.

“The titles of films have transcended their original function as mere labels, having evolved into powerful symbols that carry immense commercial significance”, the court remarked. The court noted that as film franchises or series have proliferated, often spanning decades with multiple installments under a unified title or theme, these titles have become central to the brand’s identity and success. 

“Such titles, through their consistent use, often acquire a secondary meaning that transcends the individual works they originally represented”, the court added. Such titles capture the essence of the series and evoke memories, emotions, and expectations from audiences who have engaged with the films over the years. Audiences immediately recognize and associate these titles with specific themes, characters, and storylines, creating a lasting connection that extends well beyond the release of a single film. “As a result, these titles acquire substantial goodwill and brand value, transforming into assets that are worthy of legal protection”, the court further emphasized. 

Regarding the Court’s jurisdiction to entertain the suit, despite the jurisdiction clauses in the agreements, it was noted that T-Series had challenged the Court’s jurisdiction based on specific clauses that conferred exclusive jurisdiction to the courts in Bombay. However, the Court observed that while parties can agree to a particular forum, such clauses do not necessarily exclude the jurisdiction of other courts that might otherwise have the authority to hear the case.

Vishesh Films had filed a suit alleging trademark infringement, passing off, and breach of intellectual property rights—claims that are tortious in nature. These claims were not solely contractual and could thus be pursued in any court where part of the cause of action occurred or where the defendant resides or conducts business.

On the matter of whether the title ‘Aashiqui’ is generic or common to trade, the Court noted that while a generic term cannot serve as a trademark, a term that is ‘common to trade’ might still gain distinctiveness if it is strongly associated with a specific source. The Court found that ‘Aashiqui,’ meaning ‘romance’ in Hindi/Urdu, conveyed the theme of the film but did not describe the films themselves. Thus, it was classified as a suggestive mark rather than a descriptive one and, therefore, eligible for trademark protection. Consequently, ‘Aashiqui’ was deemed a distinctive mark with legal protection.

In conclusion, the Court was of the opinion that the phonetic and conceptual similarities between the marks, coupled with the potential for confusion among the target audience, supported Vishesh Films’ claim that T-Series’ title infringed upon their trademark rights.

Case Title: Vishesh Films Private Limited v Super Cassettes Industries Limited (2024:DHC:6691)