Madras High Court Grants Interim Injunction to "BROCODE" Cinematograph Film
Court recognizes prima facie case against defendant's objection to film title amid pending trademark registration
The Madras High Court, presided over by Justice V. Lakshminarayanan, has granted an interim injunction in favor of M/s. Ravi Mohan Studios Pvt. Ltd., providing significant relief to the plaintiff in the case concerning the title "BROCODE" for an upcoming cinematograph film. The court's decision effectively restrains M/s. Indo Bevs Pvt. Ltd. from issuing groundless threats of trademark infringement that could potentially interfere with the production and release of the film.
The plaintiff, M/s. Ravi Mohan Studios Pvt. Ltd., argued for the protection of its film title "BROCODE," claiming that the defendant's efforts to register the same title as a trademark were under objection and pending consideration by the relevant authorities. The plaintiff highlighted that "BROCODE" was already gaining traction, with substantial public interest generated through teasers and promotions across various media platforms.
In a detailed examination, the court noted that the defendant's trademark registration attempt faced objections, and the matter was still under review. The plaintiff was able to demonstrate that the registration of "BROCODE" by the defendant was not yet finalized, thereby establishing a prima facie case for the grant of an interim injunction.
Justice V. Lakshminarayanan emphasized that the plaintiff had engaged significant resources, including high-profile actors, for the movie's production. With over 11 million views on a teaser released on YouTube, the film had garnered considerable attention, underscoring the urgency and potential harm in delaying its release due to the defendant's claims.
The court's order, effective for three weeks, prohibits the defendant from making further threats or interfering with the plaintiff's activities related to the film. The plaintiff is required to comply with the procedural requirements set forth in Order XXXIX of the Code of Civil Procedure, 1908, to ensure the continuation of the injunction.
The outcome of this case is significant, as it highlights the complexities involved in trademark disputes, particularly in the entertainment industry where intellectual property rights are fiercely contested. The decision serves as a crucial precedent for similar disputes, reinforcing the necessity for clear and timely resolution of trademark registration issues to prevent undue interference with creative projects.
Bottom Line:
Intellectual Property - Interim injunction granted to the plaintiff for using the title "BROCODE" for its cinematograph film, prima facie, as the plaintiff demonstrated that the defendant's trademark registration attempt was under objection and pending consideration.
Statutory provision(s): Trade Marks Act, 1999, Order XXXIX of the Code of Civil Procedure, 1908
M/s.Ravi Mohan Studios Pvt. Ltd. v. M/s.Indo Bevs Pvt. Ltd., (Madras) : Law Finder Doc Id # 2789460
