Supreme Court Refuses To Entertain Trademark Infringement Plea Against Film 'Jigra'
Supreme Court Refuses to Entertain Trademark Infringement Plea Against Film 'Jigra'
The Supreme Court declined to entertain a trademark infringement plea seeking an injunction on the use of the term "Jigra" for the recently released Alia Bhatt-starrer film. A bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra heard the petition challenging the Rajasthan High Court's order, which had lifted a stay imposed by a commercial court that temporarily restrained the film's release.
The petitioner argued that he held a trademark registration for the term "Jigra" in the "field of education and entertainment," which warranted protection. However, Senior Advocate AM Singhvi, representing Dharma Productions, contended that there was no confusing similarity between the petitioner’s online teaching platform 'Jigra' and the film, as the two belonged to entirely different industries e-education and entertainment. Singhvi emphasized, "How is it possible for a student of online classes to confuse the movie 'Jigra' with 'Jigra' education?"
In response, the petitioner's counsel argued that his online education platform involved videos that featured the name 'Jigra.' Chief Justice Chandrachud interjected, noting that the videos in question were focused on teaching subjects like mathematics and physics, which bore no connection to the film.
The Court ultimately declined to interfere, especially since the movie had already been released. The petitioner sought to withdraw the plea, as the Rajasthan High Court was scheduled to hear the matter soon. While allowing the withdrawal, the Supreme Court refused the petitioner’s request to direct the High Court to consider the matter solely on its merits.
The case stemmed from a trademark infringement claim brought by Bhallaram Choudhary, who argued that the title of Dharma Productions’ movie "Jigra" infringed on his trademark. On October 8, a commercial court in Jodhpur had granted an interim injunction, halting the release of the film pending further proceedings.
However, Dharma Productions appealed the decision, and a division bench of the Rajasthan High Court, comprising Justices Pushpendra Singh Bhati and Munnuri Laxman, stayed the commercial court’s order on October 11. The High Court found that the movie title did not prima facie infringe on trademark laws and noted that Dharma Productions was not trading under the name "Jigra." The court further observed that any trademark infringement could be addressed through damages or monetary compensation but held that the production house should not suffer financial loss due to the film's delayed release.
