In what comes as a relief to jewellery brand Tanishq, the Delhi High Court has restrained a UP-based ornament firm from copying commercials of the Tata Group company which feature Bollywood star-couple Amitabh and Jaya Bachchan.
Justice Manmohan Singh in an ex-parte order allowed the plea of Titan Industries Limited, which deals in ornaments through its brand Tanishq, and asked Muzaffarnagar-based Ramkumar Jewellers not to use the former's audio-visual commercials.
The Bench directed Ramkumar Jewellers not to copy any frame of Titan's trademark. “Till the next date of hearing, the defendant is restrained from copying any frame of the plaintiff's ‘True Diamonds' advertisement or any other advertisement, and displaying it through any media including but not limited to TV, radio, newspapers, magazines, banners, hoardings, pamphlets in any manner whatsoever thereby amounting to infringement of copyright in artistic, literary and cinematographic works of the plaintiff.”
“The defendant (Ramkumar Jewellers) is also restrained from misappropriating the personality rights of Amitabh and Jaya Bachchan in the plaintiff's ‘True Diamond' advertisement,” the Court said. The Court has issued notice to the UP-based firm for November 15.
“It appears to be a deliberate attempt on the part of the defendant to misappropriate the rights of the plaintiff as well the celebrity couple. In fact it is a case of stealing valid rights which cannot be seen in the defendant's favour under any circumstance,” the Court said.
Titan Industries, in its plea, sought to restrain Ramkumar Jewellers from using its commercials, which feature Mr. and Ms. Bachchan, alleging infringement of its copyright. - PTI
“It is a case of stealing valid rights which cannot be seen in the defendant's favour”