- (1.) I.A. 14396/2013 (For Exemption) Exceptions allowed, subject to all just exceptions. The application stands disposed. I.A. 14397/2013 (for exemption from filing Court fees) Requisite Court Fees has been deposited. The application stands disposed. CS(OS) 1744/2013 and I.A. 14395/2013 (under Order 39 Rules 1 and 2 C.P.C. Let summons in the suit and notice in the I.A. be issued to the defendants on filing of PF/RC/taking steps within a week, returnable for 26.09.2013. I.A. 14395/2013 (under Order 39 Rules 1 and 2 C.P.C. Application under Order 39 Rules 1 and 2 C.P.C. is filed for interim injunction against defendant from using the mark/name/brand ICICI and 'i' device, or the mark IBIBI including the banners, promotional/informational material, the Red and Orange Colour Scheme as a part of the movie 'Grand Masti'. The plaintiff, ICICI Bank Ltd., is stated to carrying out operations in 19 other countries and has secured various registrations of its mark 'ICICI' and the 'i' device in various classes under the provisions of the Trade Marks Act, 1999. Further, this Court in the case of ICICI Bank Ltd. v. Chuandongxu and Anr., 2012 49 PTC 291 No. 2606/2008, held that, by virtue of extensive publicity and use of the mark around the world, the trade mark ICICI has acquired the significance of a well-known mark as defined under Sec. 2(1)(zg) of the Act. The plaintiff is also stated to be the recipient of various honours and awards, including the Award for 'The Most Trusted Brand among Private Sector Banks in 2010'.
(2.) In the first week of September, the plaintiff alleges that it came across a trailer of the defendant's movie 'Grand Masti', which depicts the plaintiff's bank in bad light. The grievance of the plaintiff is that, the trailer of the movie depicts a robbery which appears to be taking place in a bank carrying the banner/poster 'IBIBI', used in conjunction with a logo which is deceptively similar to the 'i' device of the plaintiff. The said scene also carries a banner/poster containing the message Your trust keeps us ahead IBIBI BANK VOTED THE MOST TRUSTED BRAND AMONG PRIVATE SECTOR BANKS IN 2010. Once again, we have been voted as the most Trusted Brand among Private Sector Banks by the Economic Times Brand Equity Most Trusted Brands Awards*. Thank you for standing by us"
(3.) The above mentioned banner/poster is a verbatim replica of the plaintiff's poster, carrying the same font, layout and colour scheme, barring the term IBIBI which is used in place of ICICI. Screen shots of the impugned scene depicting the bank robbery, as well as the plaintiff's original banner/poster regarding its Most Trusted Brand Award is placed on record. The plaintiff apprehends that the defendants convey through the impugned scene, that the plaintiff's bank is a bank with extremely weak security, and that customers' deposits are unsafe in their custody. And that this ex facie, amounts to commercial disparagement of their service, thereby adversely affecting and tarnishing the goodwill, reputation and brand equity associated with the plaintiff's well known trade mark ICICI and the 'i' device.;