The trademark infringement suit was filed by Sholay Media Entertainment Pvt. Ltd. against a domain name and magazine, using the name of the film in an unauthorized manner and indulging in the sale of products related to the film.
Appearing on behalf of the plaintiffs, advocates Pravin Anand and Dhruv Anand of the law firm Anand & Anand, contended that the defendants had registered the domain name ‘sholay.com’ and were indulging in infringing activities like passing off, dilution and tarnishment of the well-known, registered trademark ‘Sholay’.
They had also published a magazine using the mark ‘Sholay’ and were selling merchandise using names and scenes from the movie.
On the other hand, the defendants argued that ‘Sholay.com’ is a website on the internet which is used by educated persons and would consequently lead to lesser likelihood of confusion.
The defendants also claimed that film titles cannot be trademarks and that the goods and services offered by the Plaintiffs and Defendants are different, unrelated and not overlapping.
However, the Court rejected the claims made by the defendants and said that in this day and age, the internet has become a platform for dissemination, communication and empowerment to the common man. Thus, the contention that the internet is only being used by educated persons is unacceptable.
“It would be easy for any person, not just educated individuals, to establish a connection between the Plaintiffs’ film and the Defendants’ website. The use of identical logos, marks and names originating from the movie ‘SHOLAY’ further confound the issue,” the Court said.
The Court also reasoned that the goods and services being offered on the website could be considered as off-shoots emanating from the plaintiffs and that film titles are very well under the purview of trademark protection.
Source: Barandbench
