HC says John Abraham cannot use ‘Hamara Bajaj’
Moneylife Digital Team 24 September 2013

Bajaj Auto and Bajaj Electricals sought to prevent John Abraham from using the title ‘Hamara Bajaj’ for an upcoming Hindi movie, as it was a trademark infringement, in which the Bombay High Court ruled in the companies’ favour

The Bombay High Court has passed its order granting permanent injunction against the bollywood company, JA Entertainment Private Limited, from using the mark “Hamara Bajaj” as the movie title or in any other manner and from using the mark “Bajaj” in the proposed film.
 

Earlier, an entertainment movie with a title “Hamara Bajaj” was planned to be released and it is being produced by actor John Abraham, starred by Ayushmann Khurrana (Vicky Donor, Nautanki Saala!) and is to be directed by Shoojit Sircar (of Vicky Donor fame). However, the movie title was identical to the iconic slogan and trademark name used by Bajaj Auto. Aggrieved by the infringement of its intellectual property rights vested in the marks “Hamara Bajaj” and “Bajaj”, Bajaj Auto Limited along with Bajaj Electricals moved the Bombay High Court on 25 March 2013. It sought to restrain JA Entertainment from using it.
 

The matter was heard at length by the Court, presided by Judge SJ Kathawalla J. Based on the hearings between the Counsels, the Court issued a Decree in which a permanent injunction was imposed upon JA Entertainment from using the trademark. Vide Suit no. 491 of 2013 of the Bombay High Court, it said, “In view of the Defendants' submitting to a Decree as above, the Plaintiffs are not pressing for any costs or damages. The Suit is accordingly disposed of. Notice of Motion also stands disposed of.”

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