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The Delhi High Court has taken on record the Consent Terms executed between the owner of trademark “simba”, Sona Beverages and Rohit Shetty Picturesz, with respect to the release of the latter’s movie titled “Simmba”.
The settlement was arrived at pursuant to a Trademark License Agreement between the two.
As per the consent terms, a disclaimer in the film ‘Simmba’ would clarify that the ownership of trademark ‘Simba’ was with Sona Beverages, and that Rohit Shetty Picturesz was only a licencee of the said trademark.
A single Judge Bench of Justice Prathiba M Singh has directed the Authorities, including the Censor Board to ensure that the disclaimer is prominently added in the title slides as well as Credits of the feature film ‘Simmba’.
The Plaintiff owns a registered trademark ‘SIMBA’ which is used for a wide variety of products including beers, mineral and aerated waters, and other non-alcoholic drinks. It is also in the business of manufacture, distribution and sale of merchandise including apparels, playing cards, glasses, note pads, various other forms of accessories.
The said trademark was in use since 2015, the Plaintiff had claimed.
Sona Beverages (Plaintiff) had moved the High Court in November seeking to restrain Rohit Shetty Picturez from exploiting its trademark “Simba’.
Sona Beverages informed the Court that Rohit Shetty Picturez was duly notified of the Plaintiff’s rights in the trademark SIMBA after the Plaintiff learnt that it was proposing to launch a film ‘Simmba’ in December, 2018.
Rohit Shetty Picturez even filed for the trademark ‘Simba’ but withdrew the same. Subsequently, a second application for ‘Simmba’ was moved.
After the matter reached the High Court for adjudication, the two parties entered into a settlement and executed an Original Trademark License Agreement dated December 10, 2018. Subsequently, the parties agreed to the Consent terms dated December 19, 2018 and placed it on record.
Sona Beverages was represented by Senior Advocate Akhil Sibal with Advocates S.K. Bansal, Md. Sazid Rayeen, Rishi Bansal, Sadhvi Saraf, Ajay Amitabh Suman, Dhirendra Singh and Avi Bhandar.
Rohit Shetty Picturez was represented by Advocates Rishi Agrawala, Harsh, Karan Luthra, Niyati Kohli and Arushi Tik.
Read the order: