Delhi HC stops T-Series from using ‘Aashiqui’ titles as filmmaker Mukesh Bhatt’s firm claims trademark right

Bhatt’s company had dragged T-Series to court earlier this year after both parties had planned to make a third sequel, Aashiqui 3. But T-Series announced a deceptively similar-sounding film titled ‘Tu Hi Aashiqui’ or ‘Tu Hi Aashiqui Hai’ on its own.

Notably, Bhatt and T-Series co-produced the first two instalments of the Aashiqui franchise, with joint approval, joint credits, and joint consent on all aspects of release.

Taking their history of collaboration into account, Justice Sanjeev Narula held, “Thus, neither party can exploit any rights in the films by excluding the other, and the defendant (T-Series) cannot be permitted to make a sequel, remake, or adaptation of the Aashiqui franchise, or create any third-party rights in respect of the same, without the plaintiff’s (Vishesh Films) express consent.”

The court further said, “This includes control over scripts, pre-production, production, and participation in any underlying works of the first two ‘Aashiqui’ films — namely, their script, screenplay, plot, dialogues, characters, storyline, theme and more… The use of the term ‘Aashiqui’ would inevitably evoke a perceived connection to the Aashiqui franchise, especially given the powerful association established between the title ‘Aashiqui’ and the Aashiqui franchise, which both the parties created jointly.”

Prima facie, observing that ‘Aashiqui’ is not a generic trademark but rather “serves as a distinctive identifier of the Aashiqui franchise”, the court recorded that “the deceptive similarity” is further compounded as T-Series’s announcement of its film comprises the same director and lead actor associated with the T-Series-Bhatt’s joint Aashiqui 3 project plan.

In a turn of events, T-Series had also contended before the court that Bhatt’s company had not taken any action for the use of the word ‘Ashiqui’ in the movie title ‘Chandigarh Kare Ashiqui’ – a 2021 Hindi film – that was also produced by T-Series. T-Series had argued that this would amount to Bhatt’s company acquiescing rights. Justice Narula, however, held that it finds no basis to conclude the same and neither does such inaction diminish Bhatt’s rights over the trademark.

“The ‘Aashiqui’ title is not just an instance of isolated use, but rather, has become part of a recognised film series, with two successful instalments released in 1990 and 2013. It is crucial to protect titles of expressive works that become part of a series and have the potential of acquiring distinctiveness,” the court said.

“In this case, considering the fact that the parties have previously publicised the possibility of co-producing a third instalment to the Aashiqui franchise, there exists a strong public association of the ‘Aashiqui’mark with the continuing series of films…trademark law is particularly concerned with the initial likelihood of confusion, whereby the public might be misled into believing there is an association between the defendant’s (T-Series) film and the well-established Aashiqui franchise. This confusion, even if temporary, can cause significant harm by diluting the ‘Aashiqui’ brand and diminishing the distinctiveness of the Aashiqui franchise,” the court added.

The court further pointed out that Vishesh Films’ 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 circumstances, permitting the defendant (T-Series) 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 verdict reasoned.