Super Cassettes Industries (T-Series) told the Delhi high court on August 14 that it has changed the title of its upcoming Kartik Aaryan starrer from Tu Hi Aashiqui to Tu Meri Zindagi Hai in a bid to bring an end to a trademark dispute with Mukesh Bhatt’s Vishesh Films. However, the proposal could not be recorded as a complete consent settlement after the parties disagreed over how far the proposed terms should extend.
Justice Jyoti Singh asked the parties to the dispute to discuss the issue over the weekend and return with terms acceptable to both sides.
The dispute relates to the use of the word ‘Aashiqui’ in the title of T-Series’ proposed film. T-Series told the court that the film had no connection with Aashiqui (1990) or Aashiqui 2 (2013), of which T-Series and Vishesh Films were co-producers. The new film has a different story line and cast, T-Series said.
Vishesh Films had sued T-Series, alleging trademark infringement and passing off in relation to the proposed title Tu Hi Aashiqui. An interim injunction was subsequently passed restraining T-Series from using the disputed trademark in relation to the proposed film. During the hearing on August 14, T-Series referred the court to the September 2, 2024 injunction order and said that it had been confirmed by the division bench.
T- Series had also filed an application under section 124 of the Trade Marks Act, challenging the registration of the trademarks ‘Aashiqui’ and ‘Aashiqui Ke Liye’. T-Series told the court that the agreement relied upon in the suit provided for joint ownership of intellectual property arising from the first two films, including their title. He alleged that Vishesh Films had represented itself to the trademark registry as the sole proprietor.
The advocate of T-Series proposed that the suit be given a quietus by recording the new title of the film and directing that T-Series be made a joint proprietor of the two trademarks. He relied on section 57 of the Trade Marks Act, submitting that the court could direct rectification of the registrations if the parties consented to the arrangement.
The counsel appearing for Vishesh Films indicated during the hearing that the company was agreeable to T-Series being made a co-proprietor of both trademarks. The issue resurfaced when the parties returned to court the same afternoon with a proposed settlement. The dispute was no longer over the new title, but over the scope of the proposed consent order.
T-Series maintained that the arrangement should be confined to the proposed film. Its counsel pointed to the existing injunction, which itself concerned the proposed film, and argued that any future dispute involving the word ‘Aashiqui’ would give rise to a separate cause of action. The advocate for Vishesh Films sought a broader settlement.
The court noted that trademark disputes can sometimes be settled through undertakings extending to future use but observed that the parties had not reached a common understanding on such an arrangement.
The advocate for T-Series resisted extending the settlement beyond the film presently before the court. He argued that the word ‘Aashiqui’ was a common Hindi word and compared it with ‘Khiladi’. He also pointed out that T-Series had previously used the word in titles such as Chandigarh Kare Aashiqui without objection from Vishesh Films at that time.
The judge cautioned the parties against trying to force a settlement beyond what they had actually agreed to. She said, the parties could agree to terms concerning the proposed film, which was the subject matter of the present dispute. A dispute concerning another film in the future, however, could constitute a separate cause of action. The judge then urged the parties to continue their discussions outside court. She asked them to “speak over the weekend” and said, they should avoid antagonising each other while attempting to arrive at a settlement. The matter was kept for August 31.
