The Delhi High Court granted an interim injunction in favor of filmmaker Mukesh Bhatt, preventing T-Series from using “Aashiqui” titles for their upcoming film. The ruling, issued by Justice Sanjeev Narula, came in response to a suit filed by Bhatt’s production company, Vishesh Films, against T-Series.
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NEW DELHI: The Delhi High Court has granted an interim injunction in favor of filmmaker Mukesh Bhatt, effectively restraining T-Series from using the titles “Tu Hi Aashiqui,” “Tu Hi Aashiqui Hai,” or any other title incorporating the “Aashiqui” mark for their upcoming film. This ruling was issued by the Single-Judge Bench of Justice Sanjeev Narula, who presided over the suit filed by Vishesh Films, Mukesh Bhatt’s production company, against Super Cassettes Industries Limited, the parent company of T-Series.
The Court’s order stated-
“…an interim injunction is granted in favor of the Plaintiff, restraining the Defendant and/or anyone acting on their behalf from using the titles “Tu Hi Aashiqui” or “Tu Hi Aashiqui Hai,” or any other name/title incorporating the mark “Aashiqui,” for their proposed film.”
The Core of the Dispute: Ownership of the Aashiqui Franchise
At the heart of this dispute is the ownership and rights associated with the “Aashiqui” franchise—a beloved series in Indian cinema that has seen two successful releases. The original “Aashiqui” was released in 1990, followed by “Aashiqui 2” in 2013. Both films were co-produced by Vishesh Films and T-Series, and their immense commercial success solidified “Aashiqui” as a prominent brand in the Bollywood industry.
Senior Advocate Sandeep Sethi, representing Mukesh Bhatt, argued that Vishesh Films and T-Series jointly own the intellectual property rights of not only the previous “Aashiqui” films but also any future sequels or installments that might emerge under the franchise. This joint ownership, according to Sethi, extends to all derivative rights and intellectual property associated with the “Aashiqui” brand.
T-Series’ Alleged Unauthorized Actions
The legal dispute intensified when T-Series, allegedly without the consent of Vishesh Films, began making moves to produce the third installment of the franchise, tentatively titled “Aashiqui 3” or “Tu Hi Aashiqui.” Sethi contended that these actions by T-Series were an attempt to “usurp and misappropriate the Aashiqui franchise,” which constituted an infringement on the copyright and joint-ownership rights held by Vishesh Films.
Sethi further emphasized that the unauthorized use of the “Aashiqui” title by T-Series not only violated established legal agreements between the parties but also risked confusing the public. This is particularly concerning given the high anticipation for a third installment in the franchise.
Court’s Observation on Trademark and Brand Protection
Justice Sanjeev Narula underscored the importance of protecting titles of expressive works, particularly when they are part of a series that has acquired distinctiveness. The Court recognized that the “Aashiqui” title is not just a standalone name but has become part of a recognized film series with a strong public association. The Judge observed that –
“This confusion, even if brief, could cause considerable damage by diluting the Aashiqui brand and reducing the distinctiveness of the Aashiqui franchise.”
The Court’s decision to issue an interim injunction was influenced by the potential damage that could arise from T-Series using a title similar to “Aashiqui.” Justice Narula highlighted the risk of misleading consumers and diluting the brand identity that Mukesh Bhatt and Vishesh Films have meticulously built over the years.
The Court noted-
“In such circumstances, allowing the Defendant to use a deceptively similar title, particularly with the public eagerly anticipating a third installment of the Aashiqui franchise, would infringe on the Plaintiff’s trademark rights by misleading consumers and diluting the brand identity of the Aashiqui franchise.”
The case was argued by a team of advocates representing both parties. For the plaintiff, Vishesh Films, Senior Advocate Sandeep Sethi was assisted by Advocates Pravin Anand, Dhruv Anand, Udit Patro, Sampurna Sanyal, Nimrat Singh, and Dhananjay Khanna. On the defendant’s side, T-Series was represented by Senior Advocate Amit Sibal, along with Advocates Harsh Kaushik, Shumi Wasandi, and Sachin Akhoury.
