Aashiqui franchise owner Vishesh Films files lawsuit alleging exploitation of ownership rights by T-Series

Both parties were in talks about producing Aashiqui 3 as the third instalment of the franchise, which is the subject matter of the lawsuit. Vishesh Films has further claimed that T-Series took this step despite both parties “having joint ownership in the intellectual property rights” of the Aashiqui Franchise, in terms of the agreements entered into between the parties.

Appearing for Vishesh Films, Advocate Pravin Anand emphasised before a single judge bench of Justice Sanjeev Narula on January 30 that his client is the registered proprietor of the device marks ‘Aashiqui’ registered in 2013, which they have been using since 1990, and ‘Aashiqui Ke Liye’ registered in 2014.

Senior Advocate Amit Sibal, representing T-Series, on the other hand “on instructions” submitted his client is not producing any derivative works of Aashiqui or Aashiqui 2 as of date. Sibal said his client is not making any film titled Aashiqui 3 and is willing to issue a “clarification to the press” to avoid any likelihood of confusion.

Sibal said the proposed movie Tu Hi Aashiqui or Tu Hi Aashiqui Hai is not a derivative work of either of the Aashiqui movies. He said his client will not project or promote the proposed movie Tu Hi Aashiqui or Tu Hi Aashiqui Hai as part of the Aashiqui film franchise.

“In the event that Defendant takes any steps to make any derivative work of the cinematograph films Aashiqui or Aashiqui 2, it will approach Plaintiff to jointly produce the said movie. The aforesaid in no manner shall restrict the Defendant’s rights to exploit and or use the music/sound recordings (including underlying works in the music) of the movies Aashiqui or Aashiqui 2 as it may deem fit,” Sibal added.

However, despite these submissions, particularly the defendant’s willingness to issue a clarification to the press, the High Court noted in its order Vishesh Films’s counsel Anand pressed that his client is entitled to an “injunction” as the statements made by T-Series do not address his client’s concerns.

Justice Narula said a written reply from the defendant is necessary for adjudicating Vishesh Film’s application for an interim injunction. Justice Narula asked T-Series to file a reply in four days and listed the matter on February 8.