The Rajasthan High Court on Thursday lifted the stay imposed by a commercial court on the release of Dharma Productions’ upcoming film Jigra [Dharma Production Pvt Ltd. v. Bhallaram Choudhary].
The stay had been granted following a trademark infringement application filed by Bhallaram Choudhary, who claimed ownership of the trademark “Jigra.” However, a Division Bench comprising Justice Pushpendra Singh Bhati and Justice Munnuri Laxman found that the movie did not, on the surface, violate any trademark rights.
The court observed that Dharma Productions is not trading under the name “Jigra” but operates as Dharma Production Private Limited. Naming the movie Jigra, therefore, could not be considered a violation of trademark laws.
On October 8, the commercial court in Jodhpur had issued an interim injunction halting the film’s release after Choudhary filed a trademark infringement claim, stating that Jigra was his registered trademark in the fields of education and entertainment. In response, Dharma Productions moved the High Court, arguing that the film’s title did not amount to trademark infringement since they were not trading goods and services under that name.
The High Court examined the legal criteria for granting an injunction, such as the presence of a prima facie case, irreparable harm, and the balance of convenience. It concluded that Jigra did not infringe on trademark rights and noted that any potential violation could be addressed with monetary compensation, but Dharma Productions should not suffer financial loss due to the stay.
As a result, the High Court lifted the commercial court’s order and scheduled a further hearing for October 16.
