In a significant development, the Rajasthan High Court has allowed the release of Dharma Production’s film “Jigra”, staying an interim injunction issued by the Commercial Court, Jodhpur. The injunction was initially granted on grounds of alleged trademark infringement. A division bench led by Justic
The Rajasthan High Court recently addressed a dispute involving an appeal for a stay on the order issued by the Commercial Court, Jodhpur, on 08-10-2024. This order had previously imposed an ad-interim injunction against the release of the movie titled “Jigra” due to alleged trademark violations. A division bench comprising Justices Pushpendra Singh Bhati and Munnuri Laxman reviewed the matter and decided to grant a stay on the interim injunction, thereby permitting the release of the movie while preserving the respondent’s right to seek damages should trademark infringement be subsequently proven.
Background of the Case
Dharma Production Pvt. Ltd. announced their movie “Jigra” with a motion poster on 08-09-2023, setting a release date of 11-10-2024.The film received Central Board of Film Certification (CBFC) approvals for Hindi and Telugu versions on 03-10-2024 and 09-10-2024, respectively.Bhallaram Choudhary, the respondent, claimed that the title “Jigra” infringed upon their registered trademarkrelated to education and entertainment.The Commercial Court, Jodhpur, issued an ad-interim injunction on 08-10-2024, halting the movie’s release.Dharma Production filed an appeal in the Rajasthan High Court, arguing that “Jigra” was used solely as a film title, not for goods or services, and thus did not violate trademark laws.
Case Details and Claims
- Movie Release: The appellant, Dharma Production, released a motin poster for the movie “Jigra” on 08-09-2023. The release date for the movie was set for 11-10-2024, with necessary certifications from the Central Board of Film Certification (CBFC) secured for Hindi and Telugu versions on 03-10-2024 and 09-10-2024, respectively.
- Respondent’s Claim: The respondent argued that the use of the title “Jigra” infringes upon their registered trademark, leading to the Commercial Court issuing an interim injunction halting the movie’s release.
- Appellant’s Argument: Dharma Production contended that their use of “Jigra” is solely as a movie title and not in relation to the trade of goods or services. Therefore, no violation under the Trademarks Act could be claimed. They emphasized that they were not using the title as a trademark for commercial purposes but purely for entertainment.
Respondent’s Perspective
The respondent argued that their trademark registration encompasses education and entertainment sectors. They expressed concerns that allowing the release of the film would harm their commercial rights and negatively impact their business. Thus, they sought protection of their trademark under the Trademarks Act.
Court’s Analysis and Observations
- Prima Facie Case: The Court examined whether the use of “Jigra” by Dharma Production as a movie title constituted trademark infringement.
- Irreparable Loss: It was noted that the appellant would face significant financial loss if the movie release was halted.
- Balance of Convenience: The Court found that allowing the film’s release would not directly harm the respondent’s trademark as Dharma Production was not engaging in the trade of goods or services using the disputed title.
- Remedy for the Respondent: The Court stated that if any violation of trademark rights is later proven, the respondent could seek damages as compensation. Thus, the interim injunction was not justified in this scenario.
Outcome of the Court’s Order
The High Court stayed the operation of the impugned order dated 08-10-2024, thereby allowing the release of the movie “Jigra” on 11-10-2024. The matter was listed for further hearing on 16-10-2024 to address any subsequent developments and possible claims.
Case: Dharma Production (P) Ltd. v. Bhallaram Choudhary, D.B. Civil Misc. Appeal No.2784/2024, Decided on 10-10-2024.
