T Series cannot use the title “Tu Hi Aashiqui”/ “Tu Hi Aashiqui Hai” and/or any other name/ title which uses the mark “Aashiqui”, in respect of their proposed film starring Kartik Aryan and directed by Anurag Basu, or any other film. On Tuesday, The Delhi High Court has issued an interim injunction preventing T-Series (Super Cassettes Industries Ltd) from releasing any film under the titles “Tu Hi Aashiqui,” “Tu Hi Aashiqui Hai,” or any other name incorporating the term “Aashiqui.” This ruling comes in response to a suit filed by Vishesh Films, co-producers of the original “Aashiqui” films, to protect the established film series.
Justice Sanjeev Narula, who presided over the case, said that the title “Aashiqui” is not merely a single-use term but has become an integral part of a recognised film franchise. The Court acknowledged that the “Aashiqui” series, which includes two successful instalments released in 1990 and 2013, holds a lot of brand value and is strongly associated with a continuing series of films.
The court issued an injunction to stop T-Series from using a similar title that could create public confusion. The court acknowledged the overlap in production teams and noted that media reports suggest the T-Series film might be mistaken as part of the “Aashiqui” franchise. This confusion, even if short-lived, could harm the brand and weaken the uniqueness of the “Aashiqui” series.
“In light of the above, an interim injunction is granted in favour of the plaintiff (Vishesh Films), restraining the Defendant(T Series / Super Cassettes) , and/or anybody acting on their behalf, from using the title “Tu Hi Aashiqui”/ “Tu Hi Aashiqui Hai” and/or any other name/ title which uses the mark “Aashiqui”, in respect of their proposed film,” the Court ordered.
In his ruling, Justice Narula also said, “Trademark law is concerned with the initial likelihood of confusion, where the public might be misled into believing that there is an association between the T-Series film and the well-established Aashiqui franchise. This confusion, even if temporary, can cause significant harm by diluting the ‘Aashiqui’ brand.”
“Our stance has been vindicated by this significant High Court judgment, which protects our beloved franchise brand and upholds our commitment to developing and nurturing our unique intellectual properties. This victory reinforces our dedication to innovation, creativity, and preserving the legacy of our brand, while also setting the right precedent for the entire entertainment industry,” said Vishesh Bhatt, Managing Director, Vishesh Films.
The court’s decision follows arguments presented by senior advocates representing both Vishesh Films and T-Series. Vishesh Films, led by Mr. Sandeep Sethi, Senior Advocate with Mr. Pravin Anand and Mr. Dhruv Anand, argued that they hold joint ownership of all intellectual property and derivative rights associated with the “Aashiqui” franchise, including any future instalments.
The court agreed that the “Aashiqui” name is closely linked to an ongoing film series, especially with earlier discussions of a third installment. This ruling stops T-Series from using the disputed titles, as it could mislead the public and harm the “Aashiqui” brand. The case highlights the importance of protecting titles of well-known series that have become distinctive and recognised.
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