Delhi High Court declines injunction against ‘Jigra’, orders to add disclaimer in trademark row

“The Plaintiff has not been able to demonstrate that the Defendants obtained any unfair advantage by using the Plaintiff’s Mark in the Impugned Film. Nevertheless, considering the Plaintiff’s reputation in India and the manner of using the Plaintiff’s Mark, such use is likely to adversely affect the distinctive character and reputation of the Plaintiff’s Mark,” the court observed.

It therefore directed the movie makers to display an appropriate acknowledgement at the start of the film.

“It is expedient in the interest of justice and to balance the convenience between the Parties, to restrict the detriment to the distinctive character and reputation of the Plaintiff’s Mark to avoid irreparable loss to the Plaintiff during the pendency of this Suit by directing the Defendants to display an appropriate Acknowledgement at the commencement of the Impugned Film,” the court said in its order dated April 30.

Trademark infringement suit

MSF is an international humanitarian medical aid organisation which operates under the name/mark ‘Médecins Sans Frontières’, providing medical assistance to people affected by armed conflict, epidemic, natural disasters or exclusion from healthcare. It is an international non-profit organisation, that operates in more than 74 countries.

It alleged that the film depicted characters impersonating its personnel to facilitate an illegal cross-border escape. It was further alleged that such use caused disparagement and infringement of its trademark.

The counsel for MSF argued that such use of its mark creates a dangerous and defamatory impression that its credibility can be used for illegal immigration and that anyone can impersonate its workers to illegally cross international borders.

It was alleged that the ‘unauthorised use of its mark in connection with illegal border crossing takes unfair advantage and is detrimental to MSF’s goodwill and reputation.

Court’s directions

The court found that the filmmakers had used the mark, noting that it was essential to the narrative of the film and its absence could have impeded the completion of the story.

On the question of “unfair advantage,” the court held that MSF failed to establish that the defendants derived any economic benefit from the use of its mark.

“it cannot be asserted that the Defendants have gained any economic advantage through unjust association with the Plaintiff’s Mark or by leveraging its reputation for their own benefit,” the court noted.

The court further added that the film has not used the mark in any manner that suggests endorsement, affiliation, or involvement by MSF.

The court observed that MSF enjoys a strong reputation as an international organisation, with its mark commanding significant trust among public authorities.

It noted that the film had deliberately chosen to use the plaintiff’s mark because of this established reputation to lend credibility to the film, when a fictitious name could have been used.

The court observed that the scenes in the film use the MSF’s mark to depict the ease of crossing international borders without the need for a visa, which adversely affects its distinctive character and reputation.

The court, while holding MSF not entitled to the interim injunction, directed Dharma Productions to add an acknowledgment at the start of the film.

“This Acknowledgement should appropriately mention that the use of the Plaintiff’s Mark in the Impugned Film is not intended to cause any harm or detriment to its distinctive character and reputation of the Plaintiff’s Mark in any way,” the court ordered.

Rajasthan High Court’s ruling

• On October 11, 2024, the Rajasthan High Court paved way for the release of the film Jigra after a commercial court in Jodhpur had stayed its release following a trademark violation plea.
• Petitioner had said that he runs online classes with the name ‘Jigra’ and that he had also obtained a trademark for the same under The Trade Marks Act, 1999, in September 2023, under Class 41 which deals with education, entertainment and training.
• Subsequently, he had sought stay on release of the movie ‘Jigra’, made by Dharma Productions Private Limited, citing trademark violation and the Commercial Court passed an ad interim injunction on October 8 on the movie’s October 11 release.
• The production house had then approached the High Court citing its own trademark registration.
• The high court stayed the commercial court’s order.