The Delhi Supreme Court has said that “Sholay” is the name of an “iconic film” which, as a trademark, cannot be considered lacking protection and restricts the use of the film name by persons allegedly appropriating the same film. . The Supreme Court, which said some films such as ‘Sholay’ went beyond ordinary words, also awarded Rs 25 million in compensation to filmmakers – Sholay Media and Entertainment Pvt Ltd and Sippy Films Pvt Ltd – which sued the people who used the popular film title to run their businesses.
Judge Prathiba M Singh said in the trademark dispute that titles and films could be recognized under the Trademark Act. The judge noted that the case had been in dispute for more than 20 years and that the defendants’ acceptance of the “Sholay” trademark for selling DVD movies on their websites, etc. was “manifestly untrustworthy and dishonest” and awarded Rs 25 million in costs and damages to the plaintiff. defendant three months to pay the amount.
“The defendants, their directors, partners, owners and anyone acting on their behalf and on their behalf are refused from using the name ‘SHOLAY’ in relation to any goods and services as well as in using the domain name ‘Sholay.com’ and making any reference to the film ‘ SHOLAY ‘or the use of any images or clippings from that film, as well as the sale of goods using the SHOLAY name or any images from that cinematographic film,’ the court stated in its order issued 23.
‘The word’ SHOLAY ‘is the name of an iconic film and therefore, as a trade mark associated with a film produced and now entrusted to the applicants, cannot be regarded as lacking protection.
Some movies go beyond ordinary words and the title of the movie ‘SHOLAY’ is one of them. “Titles and films can be recognized under trademark law, and in India,” SHOLAY “would be a classic example of such a case,” the court said.
The court also prohibited the defendants from using any variation of the trademark or name “Sholay” on the Internet or otherwise, including use as a meta tag in the source code, and ordered the transfer of the infringing domain names to the plaintiff.
“If there is one film that transcends generations of Indians, it is ‘SHOLAY’. The aforementioned film, its characters, dialogues, environment and box office collections are legendary. “SHOLAY” is undoubtedly one of the largest, record films India has ever produced in the history of Indian cinema, “the court said.
“In this case, the defendants have been challenging the case for more than 20 years. The defendants ‘acceptance of the’ SHOLAY ‘mark was manifestly dishonest and dishonest due to the use of the infringing logo, designs, sales of the’ SHOLAY ‘DVD on the defendants’ websites, etc., “he said. .
The plaintiff, represented by lawyers Pravin Anand and Dhruv Anand of the law firm Anand and Anand, filed a lawsuit against the defendants for operating several infringing activities, including the registration of the domain name “HYPERLINK”http://www.sholay.com “ \www.sholay.com ‘publishing a magazine using the brand / name ‘Sholay’ and selling goods using scenes and names from a film released on August 15, 1975.
The defendants have sought to justify the use of the applicants’ trade mark on several grounds, including that the titles of the films are not entitled to protection, that there is no likelihood of confusion on the internet and that ‘Sholay’ is a dictionary word.
The plaintiffs were insisted that the intention was to obtain money from the defendants who created a popular website called “HYPERLINK”http://www.sholay.com “ \ nwww.sholay.com ‘registered in the USA.