Amar Chitra Katha file suit in Bombay HC to protect Shikari Shambu mark

Publishing house Amar Chitra Katha (ACK) has filed a suit in the Bombay High Court against film producer SK Lawrence and others for infringing its registered Shikari Shambu mark..For those not familiar with the character, Shikari Shambu is a bumbling and often cowardly hunter who appears in ACK’s publications..The suit was filed by ACK against the producer and his company, objecting to the release of the Malayalam film ‘Shikkari Shambu’. The matter was mentioned before a single judge bench of Justice SJ Kathawala on January 29..The plaintiff company’s claim was that it became aware of the title of the film in September or October 2017, and subsequently issued a cease and desist notice to the defendants on October 3 last year..“That the Defendants were called upon to change the impugned title of the impugned film and in the meanwhile, cease and desist from using the impugned title in any manner whatsoever.”.The defendants reverted to ACK, expressing their desire to obtain the necessary license from the publishing house for the use of the registered trademark. They also sent the publishers a synopsis of the story-line of the film for their approval. These acts were an unequivocal acceptance by the defendants of the fact that the Shikari Shambu mark was the intellectual property of the ACK, according to the plaint..A series of technical communications on the do’s and don’ts around the mark, royalties to be paid, and the scope of the license, ensued between the two parties between November and December 2017. ACK claims that it was in the course of these discussions that it was informed that the film was to be released between February and April 2018..There was a further communication by the defendants last month, to initiate a meeting between the two parties on or after January 16, to iron out the details. However, their subsequent actions proved that all of this was eyewash, the plaint states..“The Plaintliff submit that it is now apparent that this was nothing more than eyewash to lull the plaintiff into a false sense of security.”.The plaintiff company states that its cease and desist notice had been disregarded, and the film, along with the impugned title, was widely publicized both in print and online..The final act of deception, the plaint states, was the release of the film on January 20..“However, to the utter shock and surprise of the plaintiff, inspite of the repeated assurances of the Defendants that the impugned film was scheduled for released between February to April, 2018, the Defendants, In a complete shift in their conduct until this point and in blatant disregard of the Plaintiffs rights, clandestinely went ahead and released the impugned film on 20th January, 2018.”.ACK is now seeking a sum of Rs 15 lakh from the defendants for having passed the Shikari Shambu mark off as their own. The publisher has also sought an injunction against the use of its mark, pending the final disposal of the suit..Update: As per the latest update, the matter has been settled after the defendant agreed to pay Rs. 10 lakh to the plaintiff..Advocates Ayesh Kayser and Viren Farzi appeared for the plaintiffs while advocate Sriram Parakkat represented the defendants..Read the plaint:.Image Courtesy:.Shikari Shambu.Poster