SUMMARY
In an appeal filed before the Bombay HC, the parent of Killer Jeans, Kewal Kiran, has sought damages to the tune of INR 25 Cr from Netflix India for alleged trademark infringement
The company has also sought injunction against the use of the word ‘KILLER’, removal of any infringing content, and the appointment of a court receiver to seize and destroy such material
Meanwhile, Netflix India said it is examining the matter but did not admit to any allegations, as per the plea filed by the company
Jeans brand Killer’s parent, Kewal Kiran Clothing, has filed a case against Netflix India for alleged trademark infringement.
In an appeal filed before the Bombay High Court (HC), the apparel company contended that Netflix infringed on its trademark ‘KILLER’ by using the word in its new show ‘Killer Soup’ and has sought damages to the tune of INR 25 Cr.
The company has sought injunction against the use of the word ‘KILLER’, removal of any content that infringes upon the trademark, and the appointment of a court receiver to seize and destroy any infringing material.
The producer of the show Macguffin Pictures is also a party to the case, besides 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 INR 25 Cr,” said the petition.
Kewal Kiran is a publicly listed company that manufactures apparel and lifestyle products. The company claims to have been using the ‘KILLER’ trademark since at least 2001 for its clothing brand.
The apparel brand said that the infringement came under its radar after the trailer of the show Killer Soup, starring Manoj Bajpai and Konkana Sen Sharma, was released on January 3, 2024.
Subsequently, the company’s legal team sent a notice to Netflix India and Macguffin Pictures on January 10 and demanded the removal of the word ‘Killer’ from the name of the show and sought compensation.
Meanwhile, Netflix has said it is examining the matter but did not admit to any allegations, as per the plea filed by the company.
Long List Of Demands
Broadly speaking, Kewal Kiran has sought an interim injunction against the use of the name ‘Killer Soup’ or any related trademarks by Netflix India for its web series.
It has also urged the HC to restrain Netflix India from broadcasting the show and to remove all content related to the show from social media platforms. Kewal Kiran has also urged the court to direct the OTT platform to deliver all material (such as digital data, films and other items) that bear the alleged mark for destruction.
“… pending the hearing and final disposal of the suit, a Court Receiver be appointed…, with all powers under order XL, of the Code of Civil Procedure, 1908, including the power to enter and seal any premises… without prior notice… to search, seize, destroy, erase and/or store… things bearing or relating to the impugned trademark…,” added the plea.
The development comes at a time when a host of new-age Indian tech startups and digital companies have been locked in a tussle with their peers over trademark rights. Earlier this month, the Delhi HC ruled in favour of gaming platform WinZO and directed internet service providers (ISPs) to block and remove unauthorised usage of the gaming unicorn’s trademarks.
In November, the Delhi HC, while hearing MakeMyTrip’s plea, restrained Dialmytrip from using the travel tech platform’s trademark in connection with tours, travel, hospitality, and related services. Before that, the Delhi HC also issued a notice to Hero MotoCorp over the use of the name ‘X440’ for its bike after EV startup Ultraviolette claimed ownership of the name.
