T-Series Tells Delhi HC It Will Rename Kartik Aaryan Film To 'Tu Meri Zindagi Hai' In Aashiqui Trademark Dispute

T-Series (Super Cassettes Industries) told the Delhi High Court on Friday that it has changed the title of its upcoming Kartik Aaryan and Sai Pallavi-starrer film from “Tu Hi Aashiqui” to “Tu Meri Zindagi Hai” in a bid to bring an end to a trademark dispute with Mukesh Bhatt's Vishesh Films.

The proposal, however, could not be recorded as a complete consent settlement after the parties disagreed over how far the proposed terms should extend.

Justice Jyoti Singh asked them to discuss the issue over the weekend and return with terms acceptable to both sides.

The dispute concerns the use of the word “Aashiqui” in the title of T-Series' proposed film. T-Series told the court that the film has no connection with “Aashiqui” (1990) or “Aashiqui 2” (2013), in which T-Series and Vishesh Films were co-producers. The new film has a different storyline and cast.

Vishesh Films had sued T-Series, alleging trademark infringement and passing off in relation to the proposed title “Tu Hi Aashiqui”. An interim injunction was subsequently passed restraining T-Series from using the disputed mark in relation to the proposed film. During Friday's hearing, T-Series referred the court to the September 2, 2024 injunction order and said it had been confirmed by the Division Bench.

T-Series had also filed an application under Section 124 of the Trade Marks Act challenging the registrations of the trademarks “Aashiqui” and “Aashiqui ke liye”.

Senior advocate Amit Sibal, appearing for T-Series, told the court that the agreement relied upon in the suit provided for joint ownership of intellectual property arising from the first two films, including their title. He alleged that Vishesh Films had represented itself to the trademark registry as the sole proprietor.

Sibal proposed that the suit be given a “quietus” by recording the new title of the film and directing that T-Series be made a joint proprietor of the two trademarks.

He relied on Section 57 of the Trade Marks Act, submitting that the court could direct rectification of the registrations if the parties consented to the arrangement.

Counsel appearing for Vishesh Films indicated during the morning hearing that the company was agreeable to T-Series being made a co-proprietor of both marks.

The issue resurfaced when the parties returned to court in the afternoon with a proposed settlement. The dispute was no longer over the new title, but over the scope of the proposed consent order.

T-Series maintained that the arrangement should be confined to the proposed film. Its counsel pointed to the existing injunction, which itself concerned the proposed film, and argued that any future dispute involving the word “Aashiqui” would give rise to a separate cause of action.

The other side, however, sought a broader settlement. The court noted that trademark disputes can sometimes be settled through undertakings extending to future use but observed that the parties had not reached a common understanding on such an arrangement.

Sibal resisted extending the settlement beyond the film presently before the court. He argued that “Aashiqui” was a common Hindi word and compared it with "Khiladi."

He also pointed out that T-Series had previously used the word in titles such as “Chandigarh Kare Aashiqui”, without objection from Vishesh Films at the time.

The judge cautioned the parties against trying to force a settlement beyond what they had actually agreed to.

“I am also in no hurry to record something that doesn't come as a consent. It just complicates it,” Justice Singh observed. She said the parties could agree to terms concerning the proposed film, which was the subject matter of the present dispute. A dispute concerning another film in the future, however, could constitute a separate cause of action.

The judge then urged the parties to continue their discussions outside court.

“The more we go on with this, the more you will fall apart. So let's stop now,” she said.

She asked the parties to “Speak over the weekend” and said they should avoid antagonising each other while attempting to arrive at a settlement.

The matter has been kept for August 31.