The Rajasthan High Court on Thursday lifted the stay imposed by a commercial court on the release of Dharma Productions’ upcoming film Jigra. The stay had been granted in response to a trademark infringement application filed by Bhallaram Choudhary, who claimed ownership of the “Jigra” trademark.
High Court Rules No Trademark Infringement
A Division Bench comprising Justice Pushpendra Singh Bhati and Justice Munnuri Laxman found no prima facie case of trademark infringement. The Court emphasized that Dharma Productions is not conducting business under the name “Jigra,” but rather under its corporate name, M/s Dharma Productions Private Limited. The Court stated, “The goods and services rendered by naming the movie Jigra cannot be considered a violation of trademark laws.”
Ad Interim Injunction from Commercial Court Overturned
The commercial court in Jodhpur had issued an ad interim injunction on October 8, halting the film’s release following Choudhary’s trademark infringement claim. Choudhary argued that his trademark, registered in the fields of education and entertainment, deserved legal protection.
Dharma Productions’ Argument
Dharma Productions challenged the commercial court’s decision in the Rajasthan High Court, asserting that naming a film does not constitute trading in goods or services, which is typically necessary for a trademark infringement claim.
The High Court considered the three standard criteria for granting an injunction: prima facie case, irreparable loss, and balance of convenience. Concluding that the film did not infringe on trademark rights, the Court noted that any alleged violations could be compensated monetarily, whereas halting the film’s release would cause significant financial loss to Dharma Productions.
Next Hearing Scheduled for October 16
With the stay lifted, the Court has scheduled a further hearing on the matter for October 16, allowing Jigra to proceed toward its release.
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