Delhi HC refuses to interfere with use of 'Khiladi' for Telegu film title
August 22, 2023 01:43
The Delhi high court has refused to interfere with the use of the word Khiladi by a Telegu film for its title, as it rejected a plea by the production house behind Akshay Kumar starrer films Khiladi and Main Khiladi Tu Anari.
Justice Jyoti Singh dismissed the application by Venus Worldwide Entertainment alleging violation of its trade mark by the makers of the Telegu movie, and said although the plaintiff's 1992 Khiladi was a huge success, no case of any "deceptive similarity and confusion" between the two films was prima facie present.
"No doubt that the movie KHILADI was a huge success and also gave a pedestal to the lead actor and earned him the sobriquet of 'Khiladi Kumar'... but it is settled that whether or not a trademark has acquired a secondary meaning is a matter of trial and secondly, this factor cannot give monopoly to the plaintiff over the word KHILADI for the purpose of claiming infringement, in the absence of registration in the word KHILADI," the court said in its recent interim order.
The plaintiff filed a lawsuit against the makers of the Telegu film, claiming that the use of trade mark Khiladi was exclusively associated with it and no one else.
It prayed for directions to restrain the defendants from infringing the plaintiff's trade mark. -- PTI
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