By
KOMAL NAHTA
In what can be considered a setback for T-Series, the Delhi high court on September 2 issued an interim injunction, preventing Super Cassettes Industries (T-Series) from releasing any film under the titles Tu Hi Aashiqui, Tu Hi Aashiqui Hai or any other title incorporating the word Aashiqui. The ruling came in response to a suit filed by Vishesh Films, co-producers with T-Series of the original Aashiqui films (Aashiqui and Aashiqui 2), to protect the established film series. Justice Sanjeev Narula emphasised that the title Aashiqui was not merely a single-use term but had become an integral part of a recognised film franchise.
The court acknowledged that the Aashiqui series, which included two successful instalments released in 1990 and 2013, held significant brand value and was strongly associated with a continuing series of films.
“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.”
Vishesh Films was represented in court by Sandeep Sethi, senior advocate with Pravin Anand and Dhruv Anand, who argued that they held joint ownership of all intellectual property and derivative rights associated with the Aashiqui franchise, including any future instalments.
The court concurred, stating that there was 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.
The case underlines the importance of protecting the titles of expressive works which may have become part of a series, acquiring distinctiveness and recognition over time.
Amit Sibal, senior advocate with Harsh Kaushik and others appeared for the T-Series.
