The Delhi High Court has dismissed a plea by the production house behind Akshay Kumar starrer films, Khiladi and Main Khiladi Tu Anari, against the use of the word “Khiladi” in the title of a Telugu film. Justice Jyoti Singh said that the plaintiff, Venus Worldwide Entertainment, had failed to make out a prima facie case in its favour and that the balance of convenience also did not lie in its favour.
As per a report by PTI, the plaintiff had argued that the use of the word “Khiladi” by the Telugu film would deceive and confuse the public, as it would be associated with the plaintiff’s films. However, the court found that the word “Khiladi” is a “generic word of non-distinctive character” and that there was no deceptive similarity between the two films.
The court also noted that as many as 40 films and shows have been produced in various languages with the name “Khiladi” and out of those, only two were produced by the plaintiff.
The defendant, the makers of the Telugu film, had opposed the application and informed the court that the film was released in theatres, both in Telugu and Hindi dubbed versions, in February 2022 and was made available on OTT/Satellite Platforms later.
The court said that the defendant would suffer irreparable loss and injury if the injunction was granted.
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