There shall be an order of interim injunction as prayed for, for a period of three weeks. The plaintiff shall comply with the requirements of Order XXXIX of the Code of Civil Procedure, 1908. In case, the notice is not served, the interim order will not be extended beyond the period of three weeks. 03.10.2025 mp V.LAKSHMINARAYANAN, J mp O.A.No.972 of 2025 in C.S.(Comm.Div.).No.258 of 2025 03.10.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2025

CORAM

THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN

O.A.No.972 of 2025 in C.S.(Comm.Div.).No.258 of 2025

M/s.Ravi Mohan Studios Pvt. Ltd.,

Rep. by its Managing Director Mr.Ravi Mohan, having office at 1B, Govindham Apartments,

No.39, 2nd Line, Chamiers Road, Alwarpet, Chennai – 600 018. …Applicant

    Vs.

M/s.Indo Bevs Pvt. Ltd., Rep. by its Authorized Signatory, having its Registered Office at

B230, C Block Rd, Pocket A,

Okhla Phase I, Okhla Industrial Estate,

New Delhi – 110 020.                          … Respondent

                            For Applicant         : Mr.S.Karthikei Balan

    ORDER

The plaintiff is the applicant. He has filed a suit seeking for the following reliefs:

“a) To declare that the plaintiff’s use of the file title “BROCODE” for its cinematograph film does not infringe any trade mark rights of the Defendant.

b. Permanent Injunction restraining the Defendant, its

men, agents, representatives and anyone claiming through it from issuing or making groundless threats of infringement, or otherwise interfering with the Plaintiff’s production, publicity, marketing, distribution, exhibition and release of the film titled “BROCODE”, including by addressing such threats to the Plaintiff’s distributors, exhibitors, OTT/TV partners, licensees or media platforms;”

2.               The plaintiff intends to produce a movie under the name and style “BROCODE”. He claims that it is an action-comedy movie. For the purpose of production of this movie, he has engaged the services of several high prized cine actors. The plaintiff claims that he had given wide publicity to the movie in all print and media platforms on 09.06.2025.  A teaser was also released on 27.08.2025. The production is underway and the movie is scheduled to  be released in 2026. According to the plaintiff, the teaser on Youtube channel has generated more than 11 million hits. While such being the case, a claim has been made by the defendant in person as well as through an e-mail on 06.09.2025 and 09.09.2025 respectively, calling upon the plaintiff not to use the mark “BROCODE”. According to the defendant, the plaintiff states that, the defendant had applied for a copyright for the said trade mark.

3.               Mr.S.Karthikei Balan, has produced an additional typed-set showing that the attempted registration of the trade mark “BROCODE” by the defendant has been objected to and is pending consideration. However, he also points out that “BROCODE” has been registered for Alcoholic/Energy beverages.

4.               Prima facie I am of the view that the plaintiff has made out a case for grant of an interim order. The additional typed set filed by the plaintiff today (03.10.2025) is taken on record.

5.               There shall be an order of interim injunction as prayed for, for a period of three weeks. The plaintiff shall comply with the requirements of Order XXXIX of the Code of Civil Procedure, 1908. In case, the notice is not served, the interim order will not be extended beyond the period of three weeks.

03.10.2025

mp

V.LAKSHMINARAYANAN, J mp

O.A.No.972 of 2025 in C.S.(Comm.Div.).No.258 of 2025

03.10.2025