Clothing brand Killer Jeans has moved the Bombay High Court against makers of Netflix series 'Killer Soup' alleging infringement of the former's registered trademark 'KILLER'. [Kewal Kiran Clothing Ltd v. Netflix Entertainment Services India LLP & Ors.]Kewal Kiran Clothing Limited (KKCL), the company which owns Killer Jeans, filed a commercial suit before the High Court on January 18 seeking ₹25 crores in damages.As per the plea, KKCL registered the trademark 'KILLER' between 2001 and 2004.The suit pointed out that the trademark 'KILLER' had come to be exclusively associated with the plaintiff by traders and public at large.Any product or service sold or marketed under the mark 'KILLER' is immediately associated by the public as emanating from KKCL," the suit stated.On January 9, KKCL saw the trailer of the web series 'Killer soup' on Netflix and found that the mark 'Killer soup' was identical to KKCL's registered mark 'KILLER'.
KKCL then sent a legal notice to the producers of the series, Macguffin Pictures and to Netflix India asking them to desist from unauthorised use of its registered trademark.However, they received not response prompting them to approach the Court through their lawyers, Gajria & Co.The suit said that the mark 'Killer soup' is identical and deceptively similar to KKCL's registered mark 'KILLER'.KKCL prayed for an order permanently restraining the defendants from using the name 'Killer soup' or any other mark similar to the registered mark.The plaintiff also sought directions to remove the mark 'Killer Soup' from internet and other similar platforms including social media of the makers and actors.
Pertinently, they also prayed for damages to the tune of ₹25 crores from Netflix and Macguffin Pictures.
TAGS: Killer Jeans Netflix series Killer Soup Bombay High Court trademark infringement
