He was extremely supportive on the set. Cinemantra was set up for Marathi films. It is common ground that the Defendants do not propose a, rival website or service using this expression at all. 9. What this submission overlooks, as, Mr. Dhond quite rightly points out, is that the dispute in that case, was about the domain name Sify, an artificial word in which the. The judgment also notes that the trademark registration produced by the Plaintiff is of the domain name laibhaari.com, and not of the colloquial Marathi expression ‘Lai Bhaari’, and that both are completely different things. Mauli is a 2018 Indian Marathi-language action drama film directed by Aditya Sarpotdar and Produced by Genelia Deshmukh. Actor Sharad Kelkar has worked with the late filmmaker Nishikant Kamat twice, in the critically acclaimed Marathi film "Lai Bhaari" and the Bollywood flick "Rocky Handsome". Join Facebook to connect with Bhaari Lai and others you may know. Critical to that, decision was the Supreme Court’s finding as a matter of fact that, the Respondent, Mahindra & Mahindra had, over a considerable, period of time, acquired certain proprietary rights in common law, in its corporate name. Nishi sir was a person everyone respected whether they worked with him or not. He was so confident about his filmmaking. That particular horse has, 15. Without intending to be, exhaustive some of the principles which are accepted as, well settled may be stated thus: that whether there is a, likelihood of deception or confusion arising is a matter, for decision by the Court, and no witness is entitled to, say whether the mark is likely to deceive or to cause, confusion, that all factors which are likely to create or, allay deception or confusion must be considered in, combination; that broadly speaking, factors creating, confusion would be, for example, the nature of the, market itself, the class of customers, the extent of the, reputation, the trade channels, the existence of any, connection in course of trade, and others.”, 13. Notice of motion to be listed for hearing and final disposal on. We experimented by making an action film with rich production values, which wasn’t seen in Marathi. Every title of every work of literature, theatre or, cinema, every piece of dialogue in a film would, conceivably, be hit. The Plaintiff claims that some time in 2010, it launched a. social network in Marathi with a domain name “laibhaari.com”. Trade, mark infringement claims cannot be allowed to still the tongue of an, entire populace, even in the slightest.

The language of our state, is no exception. It had yet to, start any business. I have. He was a great guy and I have never heard anyone talking ill about him. For the reasons that follow, I am unable to agree with Mr. Dewani or to accept his submission. Whenever we used to meet, weekly or once in a fortnight, we use to have a lot of fun. The judgment also notes that the trademark registration produced by the Plaintiff is of the domain name laibhaari.com, and not of the colloquial Marathi expression ‘Lai Bhaari’, and that both are completely different things. I was an outsider, a guy from television he cast in one of the biggest films of Marathi cinema and also in the role of a parallel hero in a mainstream Bollywood film. Imran Khan, Ayushmann Khurrana, Riteish Deshmukh - B-Towners who entered parenthood in 2014. Each has its integrity, its special grace, power, style, cadences, variations, dialects and patois. It is part of our culture and our tradition. For Sharad, "Nishi sir" was more of a mentor and a friend than a director. this link.

Ltd.,1 and in, particular paragraph 9, to urge that a domain name has all the, trappings of a proprietary mark. The original, defendant (the Appellant before the Supreme Court) adopted the, name Mahendra & Mahendra as its corporate name. There is no possible injury to the Plaintiff. © 1998-2020 Zee Media Corporation Ltd (An Essel Group Company), All rights reserved. I don't know how it happened. Riteish Deshmukh starts the sequel of Lai Bhaari. From then, things changed in my career. Plus, the registration is applicable only to the narrow range of services under Class 38of the Trade Marks Act. None of the well-established tests for infringement have, been satisfied. The Plaintiff claims to have obtained registration of the trade, mark laibhaari.

Plus, the registration is applicable only to the narrow range of services under Class 38of the Trade Marks Act. Heard. The present suit, before me makes out no case in passing off whatever. It cannot be. It was a big deal for me. This is not an expression, coined by the Plaintiff. the common Marathi expression lai bhaari across all classes, products and range of activities. Our focus is definitely regional. The Plaintiff’s silence is deafening.

Mr. Dewani, relies on the decision of the Supreme Court in, M/s. Mr. Dewani also relies on the decision of the Supreme Court, in Mahendra and Mahendra Paper Mills Ltd. vs. Mahindra and, Mahindra Ltd.2 This was a case in passing off. I would like to share few which is very famous in Vidarbha Region as well as rest of Maharashtra. Pawan Kalyan to fight Sharad Kelkar in Gabbar Singh 2! So, in a sense we were the first to do it. opposition from the Registry. On the, material before me, I have found that the Plaintiff also does not, have any proprietory rights in the phrase itself; at best, these rights, may exist only in an Internet domain name of which the phrase is a, 4. Cadila Health Care Ltd. vs. Cadila Pharmaceuticals Ltd.4 in 2001. Bollywood Breaking 20-20: Burj Khalifa gave a unique gift on Shahrukh Khan's birthday, Badhir News: Special show for hearing impaired, Nov 03, 2020. Riteish Deshmukh excited about Genelia D'Souza's comeback in Bollywood! Leaked: Salman Khan's GRAND plans to make a Marathi film debut! Except in, certain limited cases, as Wikipedia says about itself, anyone with, Internet access can write and make changes to Wikipedia articles, and entries. own universe.

Every language occupies its.

with claims of trade mark (or copyright) infringement. Satyam Infoway Ltd. vs. M/s. Birthday Special: Tujhe Meri Kasam to Lai Bhaari - tracing Riteish Deshmukh's journey through a decade! In the present case, there is no factual, material at all on which any such opinion can legitimately be, 14. Whether it is mandatory for plaintiff to pay advalorem court fee for seeking declaration that gift deed is not binding on him? I do not believe that the Plaintiff has, made out even the slightest vestige of anything approaching a prima, facie case. The Plaintiff has absolutely no proprietory or. Directed by Aditya Sarpotdar. Riteish Deshmukh-Genelia D'souza proud for using Lai Bhaari song at Republic Day parade. For instance, a Marathi Television, Channel called 9X Jhakaas launched a new show with the same, name lai bhari (phonetically identical and missing only one vowel in, transliteration) in 2012. I worked in two films with him and it was a wonderful experience. Wikipedia is a, multilingual, web-based, free-content encyclopedia-style service.

What Plaintiff claims is that since they now have some selfproclaimed, popularity (I am compelled to say this for want of any, persuasive material on record), they, therefore, have a right to, restrain any person using the phrase or expression lai bhaari in any, context. His death is a shock for everyone. By an extensive of, that reasoning, over a period of time, the entirety of a language, would be choked. Whether court should return court fees to plaintiff if plaint is rejected. There is no evidence of any independent audit of usage, traffic, page views, or any of the other metrics normally used to. considered, too, the material produced by Mr. Dewani, as also Mr. 3. The Supreme Court held that in such a case, there was no doubt that the business and activities of the appellant, would be confused as those of the respondent. That is too little too late. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, 1. We lost a brilliant filmmaker and an amazing storyteller. The consequence of that, submission is far too wide, and far too dangerous. If this claim is allowed, there is absolutely, no limit to what will then be prohibited. Exhibit “J” to the plaint is a registration certification for, “ybZHkkjh-dkWe”, i.e. It has a known meaning: excellent, very good or very important. 1. abe (अबे ) - This is used to call a person randomly . Riteish Deshmukh to play Chhatrapati Shivaji in wife Genelia D'Souza's next! the film marks the debut of riteish deshmukh in marathi cinema, while salman khan and genelia d'souza also feature in cameo appearances. By continuing to use the site, you agree to the use of cookies. There is little by way of evidence to, substantiate this other than reference to other websites and, television programmes.

List the suit for framing issues on, 19. 2.

Scoopwhoop to the rescue with these best Jhakas Marathi words. August 2014. the film went on to become the highest grossing marathi film of all time. I have never seen anybody in my life who is so clear about his shots, about what he wanted to make. 4, 6 and, 7, Ms. Dholakia, learned advocate for Defendants No. On this test, too, the, 11. That is not the, mandate of intellectual property protection laws. All concerned to act on an authenticated copy of this order. 1 and 5, and, Mr. Parekh, learned advocate for Defendants No. He was a senior and a good friend. The Plaintiff did nothing. One of the tests postulated in, assessing such claims is to balance the private and personal rights, claimed against a larger public interest. Rejoinder, if any, to be filed and served on or before 21st. But that doesn’t mean we won’t do any film in Hindi or any other language. The documents annexed to the plaint show, otherwise. What Mr. Dewani says is that his client will now move against all other users, of this phrase. Lai bhaari (marathi: लय भारी) is a 2014 marathi film directed by nishikant kamat. This question has been considered by different, High Courts and this Court in umpteen cases from time, to time. This is an application for urgent ad-interim reliefs, moved after notice. This, the Plaintiff claims, rapidly become popular and acquired, several subscribers. Sharad Kelkar worked with the late filmmaker Nishikant Kamat twice, in the critically acclaimed Marathi film "Lai Bhaari" and the Bollywood flick "Rocky Handsome".

Out of the blue, one fine morning he called me and offered me 'Lai Bhaari', and I instantly agreed to do the role. We never discussed work.

20. At that time, I was working in television and he was making films. For us it is a big loss. We would chat for hours over a cup of tea in his beautiful office in Versova. Defendants to file and serve their respective written, statements by 8th August 2014. We had so many plans of working together in the future. The Defendants, are producing a Marathi-language motion picture using this, common, colloquial phrase in the title. This is a big loss for the film fraternity. in one of the coastal dialects. use the same name.

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