‘Jigra’ Gets Court Clearance For Release Following Trademark Violation Plea. Jigra, starring Alia Bhatt, receives High Court relief after a Rajasthani man claimed to operate online courses under the same name.
Senior counsel R N Mathur, among others, stated in support of Bhallaram that his trademark certificate needs to be safeguarded. They claimed that in the absence of such protection, the respondent would experience a violation of his commercial rights. And that his business would be negatively impacted if the movie’s release was permitted.
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‘Jigra’ Gets Court Clearance For Release Following Trademark Violation Plea
The movie “Jigra,” which had been barred from being released two days earlier by a Jodhpur Commercial Court. The delay is due to a trademark infringement complaint. The movie was allowed to be released on Friday, October 11. As the Rajasthan High Court on Thursday overturned the ruling of the lower court.
The petitioner, Bhallaram Choudhary, claimed to be an online instructor who goes by the moniker “Jigra.” Furthermore, he asserted that he was permitted to use the same word as a trademark in September 2023. Under Class 41 of The Trade Marks Act, 1999, which covers training, entertainment, and education.
Then, accusing trademark infringement, he asked that the release of the Dharma Productions Private Limited movie “Jigra” be suspended. An ad interim injunction was imposed by the Commercial Court on October 8, blocking the film’s October 11 release.
Clearance from the Rajasthan High Court
The production company subsequently filed a petition with the High Court, saying that it had registered its own trademark under a number of other classes, but not 41. Senior attorney Vikas Balia, representing Dharma Productions, stated that the appellant is not engaging in any trade in products or services that would constitute a violation of the Trade Marks Act in his appearance. Balia was aided by Abhilasha Bora and others.
“Moreover, the appellant is not trading in the name of ‘Jigra’, rather it is M/s. Dharma Production Private Limited. Thus, the goods and services rendered by Dharma Production Private Limited by naming a movie as ‘Jigra’ cannot be said to be an infringement of trademark laws,” the bench said.
It stated that even in the event that a breach is shown, the proper remedy in the form of monetary compensation or damages may still be awarded; nevertheless, the appellant cannot suffer a financial loss as a result of the movie’s October 11 release being halted.