T-Series cannot use the title Tu Hi Aashiqui or Tu Hi Aashiqui Hai and/or any other name/ title which uses the mark “Aashiqui”, in respect of their proposed film starring Kartik Aryan and directed by Anurag Basu, or any other film.
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Delhi High Court issues interim injunction against T-Series, protecting Aashiqui film franchise
The Delhi High Court has issued an interim injunction preventing T-Series (Super Cassettes Industries Ltd) from releasing any film under the titles Tu Hi Aashiqui, Tu Hi Aashiqui Hai, or any other name incorporating the term “Aashiqui.” This ruling comes in response to a suit filed by Vishesh Films, co-producers of the original Aashiqui films, to protect the established film series.
Justice Sanjeev Narula, who presided over the case, emphasized that the title “Aashiqui” is not merely a single-use term but has become an integral part of a recognized film franchise.
The Court acknowledged that the “Aashiqui” series, which includes two successful instalments released in 1990 and 2013, holds significant brand value and is strongly associated with a continuing series of films.
The injunction was granted to prevent T-Series from creating public confusion by using a deceptively similar title. The Court recognized the overlap in the production teams and noted that media narratives have suggested that the T-Series proposed film could be perceived as part of the established “Aashiqui” franchise. This potential for confusion, even if temporary, could dilute the brand and diminish the distinctiveness of the “Aashiqui” series.
“In light of the above, an interim injunction is granted in favour of the plaintiff (Vishesh Films), restraining the Defendant(T Series / Super Cassettes) , and/or anybody acting on their behalf, from using the title “Tu Hi Aashiqui”/ “Tu Hi Aashiqui Hai” and/or any other name/ title which uses the mark “Aashiqui”, in respect of their proposed film,” the Court ordered.
In his ruling, Justice Narula also stated, “Trademark law is concerned with the initial likelihood of confusion, where the public might be misled into believing that there is an association between the T-Series film and the well-established Aashiqui franchise. This confusion, even if temporary, can cause significant harm by diluting the ‘Aashiqui’ brand.”
“Our stance has been vindicated by this significant High Court judgment, which protects our beloved franchise brand and upholds our commitment to developing and nurturing our unique intellectual properties. This victory reinforces our dedication to innovation, creativity, and preserving the legacy of our brand, while also setting the right precedent for the entire entertainment industry,” said Vishesh Bhatt, Managing Director, Vishesh Films.
The court’s decision follows arguments presented by senior advocates representing both Vishesh Films and T-Series. Vishesh Films, led by Mr. Sandeep Sethi, Senior Advocate with Mr. Pravin Anand and Mr. Dhruv Anand, argued that they hold joint ownership of all intellectual property and derivative rights associated with the “Aashiqui” franchise, including any future instalments.
The court concurred, stating that there is a strong public association of the “Aashiqui” mark with a continuing series of films, especially given previous announcements about the possibility of a third instalment.
This injunction ensures that T-Series cannot proceed with any film using the contested titles without potentially infringing on Vishesh Films’ rights by misleading the public and diluting the brand identity of the Aashiqui franchise. The case highlights the importance of protecting the titles of expressive works that have become part of a series, acquiring distinctiveness and recognition over time.
Also Read: Kartik Aaryan and Triptii Dimri to star in Anurag Basu’s next, which is not Aashiqui 3: Report
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