MUMBAI: Kewal Kiran Clothing Ltd has approached the Bombay High Court against Netflix Entertainment Services India LLP and Macguffin Pictures LLP for alleged infringement of their registered 'KILLER' trademark.
Produced by Macguffin Pictures, Netflix web series 'KILLER SOUP' is about the story of Swathi Shetty & Prabhakar. Swathi is an unskilled cook who wants to open a restaurant of her own someday. Prabhakar is her doubtful husband who won't help with her dreams and has doubts of his own. Soon fate gives her an occasion and she starts to “cook up a master plan”.
In the suit, it was contended that Kewal Kiran, a major apparel manufacturer and retailer in India, is the proprietor of the 'KILLER' trademark registered across various classes including clothing, retail services, advertising etc. since the early 2000s. Kewal Kiran's 'KILLER' brand has acquired substantial reputation and goodwill over the years through sales, advertising and quality, the plea substantiated.
After watching the series’ trailer which was released on January 3, the party got to know of the usage of its companies' name. On January 10th, Kewal Kiran submitted a cease-and-desist notice to Netflix and Macguffin, asking that they immediately refrain from using the allegedly infringing title, but received no significant response.
Kewal Kiran has now sought interim reliefs before the High Court seeking urgent interim relief, preventing Netflix and Macguffin from using the 'KILLER SOUP' title or any other mark similar to 'KILLER' when broadcasting the web series. The plea also asks for the appointment of a Court Receiver to search and seize infringing materials.
Kewal Kiran claims that 'KILLER SOUP' is identical to their 'KILLER' mark, and that the defendants have dishonestly duplicated their whole mark in order to profit from their reputation and goodwill. Apart from deceiving the public, this may cause irreparable harm to Kewal Kiran. The matter is yet to be taken up by the High Court for hearing.
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