Lawstreet Journal

₹25 Lakh Costs Imposed On Website ('Sholay.com') By Delhi HC For Infringing Trademark Of Legendary Film 'SHOLAY'

Lawstreet Journal 28 May 2022 7:21pm

Image courtesy: Lawstreet Journal Judiciary ₹25 Lakh Costs Imposed On Website ('Sholay.com') By Delhi HC For Infringing Trademark Of Legendary Film 'SHOLAY'

Recently in a trademark infringement suit, the Delhi High Court imposed costs and damages of ₹25 lakh on a website 'Sholay.com' for infringing the trademark of the legendary Amitabh Bachchan starrer, Sholay. (Sholay Media Entertainment & Anr. vs. Yogesh Patel and Ors.)

The Court dismissed the defendant's argument that films cannot be registered under trademark law.

Hon'ble Justice Pratibha M. Singh said that titles of landmark films are entitled to trademark protection because they transcend generations of Indians and include legendary characters, dialogues, settings, and box office collections.

The Court opined that,

"Certain films cross the boundaries of just being ordinary words, and the title of the film ‘SHOLAY’ is one of them. Titles and films are capable of being recognised under trademark law and in India ‘SHOLAY’ would be a classic example of such a case."

So, the court prohibited the website from utilising the logo, designs, and selling the 1975 film's DVD.

The Court ordered that,

"The adoption of the mark ‘SHOLAY’ by the defendants was clearly mala fide and dishonest, owing to the use of the infringing logo, designs, selling of the DVD of the film ‘SHOLAY’ on the Defendants’ website, etc. For the reasons contained above, this Court is convinced that this is a fit case for award of costs to the Plaintiffs. Accordingly, the present suit is decreed for a sum of ₹25,00,000."

The court ordered that the amount be given to the plaintiff within three months, failing which the plaintiff would be permitted… Continue Reading...


Tagged: Trademark Infringment   ‘SHOLAY’   Justice Pratibha M. Singh    Advocates Pravin Anand   Advocates Dhruv Anand   Sholay Media Entertainment   Yogesh Patel and Ors   Adv Pravin Anand   Adv Dhruv Anand  
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