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Brand vs Bollywood: Delhi HC restrains use of ‘BroCode’ as film title over trademark clash
The Delhi High Court has restrained Ravi Mohan Studios from using “BroCode” as a film title, ruling in favor of IndoBevs, which owns the registered “BroCode” trademark for its beverages. The Court held that the title’s use could mislead consumers and reaffirmed that trademark rights take precedence over creative works.
The Delhi High Court has restrained Ravi Mohan Studios from using, publishing, or promoting the title “BroCode” for its upcoming feature film.
The interim order was issued in response to a suit filed by IndoBevs, the registered owner of the “BroCode” trademark, widely recognised for its range of alcoholic and ready-to-drink beverages.
Justice Anish Dayal, while passing the order, observed that IndoBevs’ BroCode mark enjoys significant market reputation and consumer recognition, making it closely associated with the company’s products. The Court noted that the film title “Bro Code” is identical to the registered mark and could potentially mislead the public or cause confusion about an association with IndoBevs’ brand.
Ravi Mohan Studios contended that it had filed a separate suit before the Madras High Court, alleging groundless threats from IndoBevs, and that an interim order had been passed in that case. However, the Delhi High Court rejected this defence, clarifying that the pendency of a groundless threat suit does not restrict the Court from granting an injunction in an infringement matter once the trademark owner has initiated proceedings.
The ruling bars the studio from using the “BroCode” mark in any form until the case is finally decided. The production house will need to drop or modify the film’s title before promoting or releasing the movie.
The case adds to a growing list of disputes where courts have upheld trademark protection against the use of identical or deceptively similar names in entertainment content.
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