The Rajasthan High Court has lifted a stay imposed by a commercial court on the release of Dharma Productions’ upcoming film, Jigra. This stay had been put in place due to a trademark infringement application.
A Division Bench, comprising Justice Pushpendra Singh Bhati and Justice Munnuri Laxman, determined that, prima facie, the film did not infringe on any trademark rights. The court clarified, “Moreover, the appellant is not trading in the name of ‘Jigra’, rather it is M/s. Dharma Production Private Limited. Thus, the goods and services rendered by Dharma Production Private Limited by naming a movie as ‘Jigra’ cannot be said to be an infringement of trademark laws.”
The initial stay had been ordered on October 8 by a commercial court in Jodhpur after one Bhallaram Choudhary filed a claim, stating that Jigra was his registered trademark. In response, Dharma Productions sought relief from the Rajasthan High Court, arguing that it was not engaging in any trading activities that would constitute trademark infringement.
Choudhary maintained that his trademark was registered in the fields of education and entertainment, and thus warranted legal protection.
In evaluating the case, the court examined the three key criteria for granting an injunction: the existence of a prima facie case, the potential for irreparable loss, and the balance of convenience. Ultimately, the court found that the movie did not violate trademark rights.
It stated that even if a violation were established, it could be remedied through monetary compensation rather than imposing a financial loss on Dharma Productions.
As a result, the High Court stayed the commercial court’s injunction and scheduled a further hearing for October 16. This decision allows Dharma Productions to proceed with the release of Jigra, while the trademark dispute continues to be evaluated.
