Vidya Balan in The Dirty Picture
The order was passed by Justice S J Kathawalla after Balaji Motion Pictures Ltd moved the HC and its counsels Ravi Kadam, Venkatesh Dhond and Birendra Saraf said the release of a new Kanadda film would violate copyright held by Balaji Films.
Balaji Films said it had produced a film titled, The Dirty Picture starring the leading actress Vidya Balan in 2011, and it alone is the owner of all the intellectual property rights in the said underlying literary work and also in the title of the film.
Their application against Akshaya productions said that the production must be restrained from using words Dirty Picture in the title of its film as the words were being used allegedly with the sole intent of associating the film with the Balan film.
Balaji Films which filed its suit through law firm Naik, Naik & Co said it had "serious apprehension that in view of all the media reports, the story of the new film was also likely to infringe its copyrights in the literary work."
The public associated the trade mark Dity picture with the film Balan starrer, said Balaji Films and also that the name of the leading character of the film i.e. Silk was clearly and firmly entrenched in the public mind as associated with the movie. Balaji Films said its reputation would be tarnished and diluted by the use of the name of its film, illegally and was aggrieved that the name of the new film was not cancelled by the Karnataka Film Chamber of Commerce yet.
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