Movie Title and Passing off Claims

The Hindi Film Industry has been continuously witnessing, controversies relating to issues of copyright infringement, censorship and film titles disputes etc. and in line with the same, we cannot ignore a recent trend, whereby the party seeking relief, moves to the court for injunction at a very crucial stage i.e. just before the release of a film infringing the alleged IP rights. Off late, the last minute injunction has become a stratagem by the aggrieved party to their advantage and at the same time causing maximum damage to the commercial viability of the said film.

Recently before the Bombay High Court, a case was brought by Anil Kapoor Film Co Pvt. Ltd. (hereinafter referred as Plaintiff) against Make My Day Entertainment & Another (hereinafter referred as Defendants) for grant of injunction where the application was based on a claim of passing off a movie title. In the present case, Anil Kapoor Film Co Pvt. Ltd. claimed rights in the title “Veere Di Wedding” a film which is yet to release and is under production and on the other hand, the defendant’s movie which is all set to release with the title “Veere Ki Wedding”.

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