Will There Be 'Aashiqui-3'? Why Delhi HC Said T-Series Can't Make Film With 'Aashiqui' In Title
Mukesh Bhatt moved Delhi HC after T-series announced 'Tu Hi Aashiqui' with same director (Anurag Basu) & actor (Katik Aryan) previously announced for 'Aashiqui 3.' All you need to know about the case:
In a big win for film producer Mukesh Bhatt, the Delhi High Court in a recent order restrained T-Series from making any movie with title that has word 'Aashiqui' in it and can confuse the viewers to believe that it is a sequel in the Ashiqui franchise. Bhatt and T-Series had jointly produced the first Aashiqui film which was released in 1990. They again came together to produce 'Aashiqui 2' in the year 2013.
Seeing the commercial success of the movies, there were discussions to make Aashiqui 3. However, T-series announced a movie titled 'Tu Hi Aashiqui' with the same director (Anurag Basu), actor (Katik Aryan) and music that were announced for 'Aashiqui 3.' Bhatt then moved the high court claiming trademark infringement.
Mukesh Bhatt's Case Against T-Series
Bhatt's counsel argued in court that, at present, two instalments of the Aashiqui Franchise have been co-produced and released by Bhatt and T-Series, both of which have enjoyed tremendous commercial success.
The high court was informed that in or around the year 2022, both Bhatt and T-Series started to discuss the possibility of co-producing a third instalment to the Aashiqui Franchise, tentatively titled as “Aashiqui 3”. They decided on Pritam Chakraborty as music director, Anurag Basu as film director, Kartik Aryan as a lead actor and Mukesh Bhatt and Bhushan Kumar as co-producers.
"There were discussions between the parties for a third instalment of the Aashiqui Franchise, which was also jointly announced to the public. Further, they highlight that the Defendant (T-Series) has already promoted a public narrative suggesting that their upcoming film is the third instalment of the Aashiqui Franchise. This perception is further reinforced by the Defendant’s (T-Series) application to register the title “Tu Hi Aashiqui”. In these circumstances, the Plaintiff (Mukesh Bhatt) contends that confusion is inevitable and the Defendant (T-Series) should be restrained from using the term “Aashiqui” in the title of its proposed film, as it risks misleading the public into believing that the new film is part of the Aashiqui Franchise, thereby violating the Plaintiff’s rights in the “Aashiqui" brand," the high court order read.
The court noted that an announcement to this effect was carried in an interview published in Variety Magazine dated 4th September, 2022. Further, an announcement for 'Aashiqui 3' was also posted on the Bhatt's Instagram page, emphasising their 32-year-old partnership with the T-Series and prominently depicting “Aashiqui 3” as the title of their upcoming film, while also mentioning the other aforenoted details pertaining to the personnel involved in the film.
In May 2023, Culver Max Entertainment Pvt. Ltd. (formerly known as Sony Pictures Network Pvt. Ltd.) issued a public notice claiming to have acquired the media rights for Aashiqui 3. A shocked Bhatt immediately reacted, as a result of which the T-Series confirmed through their email dated 18th May, 2023, that the advertisement given by Culver Max Entertainment Pvt. Ltd. was a mistake and admitted that Aashiqui 3 is a jointly owned intellectual property between Vishesh Films (Bhatt's company) and T- Series, and cannot be licensed without any agreement to that effect.
Nonetheless, Bhatt issued a public notice on 25th September, 2023 clarifying the joint ownership in the intellectual property rights and derivative rights associated with the Aashiqui Franchise. Subsequently, the song titled ‘Bhool Ja’ was leaked by an unknown third party on 13th September, 2023 on YouTube, explicitly claiming to be associated with Aashiqui 3. This was followed by the T-Series releasing the same song ‘Bhool Ja’, sung by Arijit Singh, on their YouTube channel on 6th October, 2023. The two songs are identical with the same lyrics and music.
Mahesh Bhatt Tried To Undermine His Brother's Right?
The court was also told that Mahesh Bhatt, who is the brother of Mukesh Bhatt and the director of the first instalment in the Aashiqui Franchise, gave an exclusive interview dated 11th October, 2023 to a prominent news paper titled ‘The moral legacy of Aashiqui Franchise belongs to Gulshan Kumar’. Intending to undermine his brother's rights by creating a narrative that associates the Aashiqui Franchise exclusively with the T-Series.
The court was further told that Bhushan Kumar was quoted in an exclusive interview with another leading news channel dated 8th September, 2023, stating that Aashiqui 3 would commence shooting by the end of January, 2024. Following more such interviews, T-Series applied for registration of the Hindi feature film title “Tu Hi Aashiqui” on 29th December, 2023, with the Indian Film & TV Producers Council.
Bhatt has contended that actions undertaken by T-Series indicate a clear intent to misrepresent their film as being part of the Aashiqui Franchise. They are not only using the same personnel as was announced jointly by the parties, namely, Kartik Aryan and Anurag Basu, but also using the music from the Aashiqui Franchise films, which have been produced by the parties jointly. This is bound to create public confusion and a perception that the film being produced by the T-Series is, in fact, the third instalment of the Aashiqui Franchise.
What The High Court Said?
The High Court took a prima facie view and said that the title “Aashiqui” is neither generic nor common to trade. It is a suggestive mark that has acquired distinctiveness and goodwill through its association with the successful Aashiqui Franchise. The term “Aashiqui” does not describe the general category of goods or services (films) but instead functions as a distinctive brand identifier for the Aashiqui Franchise.
Justice Sanjeev Narula passed an interim injunction order and ruled that “Aashiqui” title has become part of a recognised film series, with two successful instalments released in 1990 and 2013.
"In light of the above, an interim injunction is granted in favour of the plaintiff (Mukesh Bhatt), restraining the Defendant (T-Series), 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 high court ordered.
The high court said that the Trademark law is concerned with the initial likelihood of confusion where the public might be misled into believing that there is an association between 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... 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 (Mukesh Bhatt's) trademark rights by misleading consumers and diluting the brand identity of the Aashiqui Franchise,” the high court stated.
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