Case Law Details
Royal Challengers Sports Private Limited Vs Sun Pictures A Division of Sun TV Network Ltd and ANR (Delhi High Court)
Conclusion: In present facts of the case the matter was compromised on the first day of hearing wherein the broadcasting of the plaintiff’s jersey was in dispute without the permission of the plaintiff. Accordingly full court fees was directed to be refunded to the plaintiff in terms of the judgment of the ld. Division Bench of this Court in Nutan Batra v. M/s. Buniyaad Associates, 2018 (255) DLT 696.
Facts: In present facts of the case, the application was filed under u/s 12A of the Commercial Courts Act seeking exemption from instituting pre-litigation mediation and in the prayer urgent interim relief was sought for. In present case, the Plaintiff has raised objections to some scenes in the film ‘JAILER’ wherein the Plaintiff pleaded that their team’s jersey was used in a denigratory manner.
The Plaintiff found recently that the film ‘JAILER’ featuring the well-known actor had a scene in the said film the plaintiff’s jersey was used. The grievance of the Plaintiff was that the Plaintiff’s jersey being used firstly without the permission of the Plaintiff and too in a negative depiction in the film, which was likely to dilute the Plaintiff brand image, disparages the Plaintiff brand, hurts the brand equity and also the rights of the sponsors of the Plaintiff whose name is also reflected in the jersey.
The suit therefore prays for a permanent injunction against the Defendants and for deletion of the said depiction of the RCB jersey in the film Jailer. On the date of hearing, the e-mails were exchanged between the parties have been shown to the Court. As per the said e-mails, the terms which have been agreed by the parties were that the defendant would not show the plaintiff’s jersey in the film or on the OTT content.
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