The Delhi High Court turned down a request by the production company of the Akshay Kumar-starring movies Khiladi and Main Khiladi Tu Anari, refusing to meddle with the Telugu movie's use of the word "Khiladi" in its title. Although the plaintiff's 1992 film "Khiladi" was a huge success, Justice Jyoti Singh dismissed the application by Venus Worldwide Entertainment alleging trademark infringement by the producers of the Telugu film, noting that there was no evidence of any "deceptive similarity and confusion" between the two movies.
"There is no denying that the film 'KHILADI' was a commercial and critical success, elevating the lead actor to a pedestal and giving him the nickname 'Khiladi Kumar'... however, it is established that regardless
It requested instructions to prevent the defendants from violating the plaintiff's trademark.
The court stated that "Khiladi" was a "generic word of non-distinctive character" and that the two films in question did not share the same storyline, lead cast, or language in the instant case.
"The sine qua non (the essential or fundamental requirement) of an action for infringement, namely, deceptive similarity and confusion, is prima facie missing in the present case, and sans evidence of confusion or deceptive similarity in the device marks, at this stage a finding of infringement cannot be rendered in favor of the Plaintiff, in light of the lack of registration in the word "KHILADI," it said.
This court believes that the plaintiff has not established a presumptive case in its favor, and that the balance of convenience likewise does not support the plaintiff. Instead, the balance of convenience favors the defendants, and if the injunction is granted, it will be the defendants who will suffer irreparable loss and harm. Accordingly, the application is denied, the court decided.