![]() Denying all allegations, Defendants replied to the notice on 12 th March, 2021, leading to filing of this suit by the Plaintiff. A year later, the Defendants released a trailer on YouTube on or around March, 2021, thereafter the Plaintiff issued another notice to the Defendants on 8 th March, 2021.In February, 2020, the Plaintiff had noticed the usage of the term ‘DRL’ by the Defendants in the aforementioned upcoming film and had issued a notice dated 3 rd March, 2020, to the Defendants asking to delete the relevant scenes from the film. ![]() 1529767 dated 09th February 2007 in Class 05 (pharmaceutical preparations). The Plaintiff is the registered proprietor of the word mark ‘DRL’ under Trade Mark Registration No.The Plaintiff had not been able to make out a case of irreparable loss that it would suffer if the movie was released. The Plaintiff did not have a prima facie case in its favour, the balance of convenience was in favour of Defendants and not in favour of the Plaintiff. It was held that the Plaintiff had failed to meet the three-pronged test for grant of injunction. The matter was heard by The Hon’ble Justice Sanjeev Narula, and order was pronounced on 23 rd March, 2021, in favour of the defendants being Eros International Media Ltd. (“ Plaintiff”) filed before the Hon’ble Delhi High Court a case for infringement of its registered trademark in a Hindi feature film titled ‘Haathi Mere Saathi’.
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