Aashiqui Trademark Battle: Vishesh Films Wins Against T-Series
In a significant legal victory, Vishesh Films, the production company behind the iconic Aashiqui
franchise, has secured an interim injunction against T-Series from using the titles “Tu Hi
Aashiqui” or “Tu Hi Aashiqui Hai” for their upcoming film. The Delhi High Court ruled in favor
of Vishesh Films, upholding their trademark rights over the “Aashiqui” brand.
The dispute arose when T-Series announced their plans to produce a film titled “Tu Hi Aashiqui”
or “Tu Hi Aashiqui Hai,” which closely resembled the established Aashiqui franchise. Vishesh
Films, having registered trademarks for “Aashiqui” and “Aashiqui Ke Liye,” argued that T-
Series’s choice of title was deceptive and would likely confuse the public.
The court’s decision was based on several key factors. Firstly, the court recognized that the
“Aashiqui” brand had acquired a distinctive identity through the success of the first two films in
the franchise. It emphasized that the title was not merely a generic term but a unique identifier
associated with the Aashiqui series.
Secondly, the court considered the history of collaboration between Vishesh Films and T-Series
on the Aashiqui franchise. The two companies had previously co-produced the first two
installments, sharing joint approval, credits, and consent for all aspects of release. This history of
partnership underscored the importance of protecting the rights of both parties in the franchise.
source: TOI)
Thirdly, the court noted the potential for confusion among the public due to the similarity
between T-Series’s proposed title and the established Aashiqui brand. It emphasized that even
temporary confusion could cause significant harm by diluting the “Aashiqui” brand and
diminishing the distinctiveness of the franchise.
T-Series had argued that Vishesh Films had not taken any action against the use of the word
“Ashiqui” in the movie title “Chandigarh Kare Ashiqui,” produced by T-Series. However, the
court rejected this argument, stating that such inaction did not diminish Vishesh Films’ rights
over the trademark.
The court’s decision highlights the importance of protecting the intellectual property rights of
film franchises and ensuring that their unique identity is not diluted by deceptive or misleading
use of similar titles. By granting the interim injunction, the court has protected the integrity of
the Aashiqui brand and prevented potential harm to its reputation.
The court’s decision underscores the value of a well-established brand. The “Aashiqui”
franchise, with its successful films and loyal fan base, has acquired a distinctive identity that warrants protection. The court emphasized the potential for confusion among consumers if T-
Series were allowed to use the titles “Tu Hi Aashiqui” or “Tu Hi Aashiqui Hai.” Such confusion could lead to consumers mistakenly associating the new film with the established Aashiqui
franchise, potentially harming the reputation of the latter.
The history of collaboration between Vishesh Films and T-Series on the Aashiqui franchise
highlighted the importance of clear agreements and understandings between parties working
together on creative projects. Such agreements can help prevent disputes and protect the rights of all involved.
The case demonstrates the effectiveness of intellectual property law in protecting brands and
preventing their misuse. Trademark laws provide a legal framework for safeguarding the unique
identity of brands and preventing consumer confusion. This case may lead to increased attention
to brand protection within the film industry. Production companies may be more likely to register
trademarks for their franchises and take proactive steps to prevent unauthorized use of their
intellectual property.
As the competition for audiences and market share intensifies, we may see more trademark
disputes arise in the film industry. This could lead to increased legal costs and delays in
production. The court’s decision reinforces the rights of brand owners to protect their intellectual
property. It sends a message that unauthorized use of established brands will not be tolerated.
In conclusion, the Vishesh Films vs. T-Series case serves as a valuable reminder of the
importance of safeguarding brand identity and protecting consumers from confusion. The ruling
has significant implications for the film industry and reinforces the power of intellectual property
law in protecting established brands.
