In a legal showdown that could redefine the streaming landscape, Killer Jeans’ parent company, Kewal Kiran Clothing, has filed a lawsuit against Netflix India, demanding a hefty ₹25 Cr in damages over alleged trademark infringement related to the show ‘Killer Soup.’
The apparel giant has taken the battle to the Bombay High Court, accusing Netflix India of encroaching on its trademark ‘KILLER’ by incorporating the term into its latest production, ‘Killer Soup.’ Kewal Kiran seeks not only financial compensation but also a comprehensive legal order to halt the use of the contested term.
The legal action includes a plea for an injunction against the use of the term ‘KILLER,’ removal of all infringing content, and the appointment of a court receiver to seize and obliterate any materials violating the trademark. Macguffin Pictures, the producer of ‘Killer Soup,’ is also entangled in the legal skirmish alongside Netflix India.
“The plaintiff (Kewal Kiran) submits that the defendants’ (Netflix India) activities are causing great loss, harm, injury, and damage to the Plaintiff and are also resulting in dilution of the goodwill and reputation it enjoys in the said marks… The Plaintiff values the suit at ₹25 Cr,’ asserted the legal petition.
Kewal Kiran, a publicly listed company specialising in apparel and lifestyle products, claims to have held the ‘KILLER’ trademark since 2001. The alleged Trademark infringement surfaced when the trailer for ‘Killer Soup,’ featuring Manoj Bajpai and Konkana Sen Sharma, premiered on January 3, 2024.
Taking swift legal action, Kewal Kiran’s legal team dispatched a notice to Netflix India and Macguffin Pictures on January 10, demanding the immediate removal of the term ‘Killer’ from the show’s name and seeking compensation. Netflix India, in response, has stated it is examining the matter but hasn’t admitted to any allegations, according to the company’s plea.
The laundry list of demands from Kewal Kiran includes an interim injunction against the use of the name ‘Killer Soup’ or any associated trademarks by Netflix India for its web series. The company urges the High Court to restrain Netflix India from broadcasting the show and to wipe all related content from social media platforms. Additionally, Kewal Kiran calls for the court to instruct the OTT platform to surrender all material bearing the contested mark for destruction.
This legal clash occurs against the backdrop of a growing trend where Indian tech startups and digital companies find themselves entangled in trademark infringement. Recent rulings, such as the Delhi High Court’s decision favoring WinZO and its trademarks, underscore the increasing importance of intellectual property in the fast-evolving digital landscape.
As the legal drama unfolds, all eyes are on the Bombay High Court to determine the fate of ‘Killer Soup’ and the potentially precedent-setting clash between a streaming giant and a venerable apparel brand.
Vakilsearch’s leading intellectual property experts delves into the controversy, stating, ‘In an era of booming streaming, trademark disputes are becoming pivotal. Brands cannot overlook the critical need to safeguard their intellectual property, especially in the competitive landscape of the entertainment industry. This case underscores the growing significance of protecting brand identity for businesses aiming at streaming dominance. It’s a wakeup call for all enterprises to proactively secure their trademarks and navigate legal intricacies.’ As the streaming landscape evolves, safeguard your brand with our legal prowess. Let Vakilsearch be your unwavering ally, ensuring your trademarks are shielded and your path to streaming success remains uninterrupted. Don’t just face legal battles; conquer them with Vakilsearch by your side.
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