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Delhi HC cracks down on unauthorized use of Andaz Apna Apna IP
A list of over 70 infringing URLs was provided to the Court, detailing the sale of products like mugs, T-shirts, posters, and notebooks.
Among the IP elements cited in the case were iconic characters and quotes, including Crime Master Gogo's infamous line, "Aankhen nikaal ke gotiyan khelta hoon main!", the mistaken identity gag, "Teja main hoon, mark idhar hai", and the twin characters Ram Gopal Bajaj and Shyam Gopal Bajaj, portrayed by Paresh Rawal. (Image credits: BookMyShow)
The Delhi High Court has passed an interim order restraining over 30 parties from unauthorized use of the 1994 Hindi film Andaz Apna Apna and its associated elements, as per media reports.
The order was issued in response to a copyright and trademark infringement suit filed by Vinay Pictures, through Shanti Vinaykumar Sinha, legal heir of the film's producer Vinay Sinha.
The plaintiff claimed exclusive ownership over the title, characters, dialogues, and artistic works of the film, and sought protection against unauthorized use across merchandise, digital content, domain names, and AI-generated media.
“The plaintiff has demonstrated a prima facie case…[and] will suffer irreparable loss if relief is not granted," the Court observed, granting an ex parte interim injunction.
The plaintiff emphasized that Andaz Apna Apna continues to enjoy enduring popularity and cultural resonance, with a fan base that spans generations. Among the IP elements cited in the case were iconic characters and quotes, including Crime Master Gogo's infamous line, "Aankhen nikaal ke gotiyan khelta hoon main!", the mistaken identity gag, "Teja main hoon, mark idhar hai", and the twin characters Ram Gopal Bajaj and Shyam Gopal Bajaj, portrayed by Paresh Rawal.
Lead characters Amar and Prem, played by Aamir Khan and Salman Khan, were also listed, along with trademarked catchphrases like "Aila" and "Ouima", which the plaintiff said had acquired secondary meaning in public consciousness.
Vinay Pictures submitted that these IP assets were being commercialised without permission through products such as T-shirts, mugs, posters, and notebooks, as well as through digital channels like AI-generated videos, social media content, domain names (including www.ailaouima.com), and online stores. Infringing listings were found on platforms such as Flipkart, Meesho, Etsy, and Desertcart.
The plaintiff also presented a list of over 70 infringing URLs to support its case. Taking note of the evidence, the Court held that the balance of convenience lay in favour of the plaintiff and that the unauthorised use of the film’s IP could mislead the public into believing that the products were officially licensed.
“Any objections to the quality of the defendants’ products will be attributable to the plaintiff, as the public would have purchased such goods under the mistaken impression that they emanate from the plaintiff,” the order read.
Key interim directions issued by the Court include:
- Restraint on content creation (including AI-generated content) that is identical to or derived from Andaz Apna Apna
- Ban on sale and promotion of goods bearing marks deceptively similar to the film’s trademarks and character names
- Directive to Google LLC to take down infringing videos and disclose details of the uploaders of YouTube Shorts
- Order to e-commerce platforms (Flipkart, Meesho, Etsy, Desertcart) to remove listings and share seller details
- Instruction to GoDaddy to disclose domain registration details for www.ailaouima.com
- Mandate to MeitY to block and disable all infringing links and websites as identified
The Court also clarified that the injunction would apply to mirror and redirect URLs and granted liberty to the plaintiff to implead additional infringers as necessary.
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