Delhi High Court grants interim stay to protect cult classic Andaz Apna Apna

In a significant move to safeguard intellectual property rights in the Indian film industry, the Delhi High Court has granted an interim stay in favor of the 1994 Bollywood cult classic Andaz Apna Apna. The court’s order restrains any third party from using, adapting, remaking, or exploiting the film or its iconic character names without proper authorization.

Delhi High Court restrains unauthorised use of 'Andaz Apna Apna' IP

This marked as a key moment in the ongoing debate of remakes that Bolluywood has been churning out. And Justice Amit Bansal granted an ex parte interim injunction in a suit filed by Vinay Pictures through Shanti Vinaykumar Sinha, the legal heir of the film’s producer Vinay Sinha. 

The plaintiff brought relief against infringement of copyright and trademark through merchandise, domain names, and AI-generated content on the internet. “The plaintiff has demonstrated a prima facie case…[and] will suffer irreparable loss if relief is not granted," the Court held.

The plaintiff also claimed that the cult movie produced by late Vinay Sinha, continues to enjoy popularity and a huge fan following among the masses.  Further adding exclusive ownership over the film’s title, literary and dramatic works, and characters such as

Crime Master Gogo, known for the line “Aankhen nikaal ke gotiyan khelta hoon main!”

Teja and the mistaken identity subplot “Teja main hoon, mark idhar hai”

Ram Gopal Bajaj and Shyam Gopal Bajaj, the identical twins portrayed by Paresh Rawal

Originally released in 1994, Andaz Apna Apna despite not being a box office success upon its first outing has garnered a significant cult following over the years. Directed by Rajkumar Santoshi the film starring Aamir Khan and Salman Khan as the endearing rogues Amar and Prem alongside Raveena Tandon, Karisma Kapoor, Paresh Rawal and the unforgettable Shakti Kapoor as Crime Master Gogo is cherished for its slapstick humour, quirky characters and iconic one-liners.

The digitally restored version has been presented in 4K with Dolby 5.1 surround sound.

Trademarks over phrases like ‘Aila’ and ‘Ouima’ have also been claimed. And a list of unauthorised merchandise has also been submitted which were commercialising these terms through t-shirts, mugs, posters, notebooks, domain names, AI digital content, video clips, and social media content.

It was stated that a list of 70 infringing URLs spread across platforms and domains was being commercialised it. “Any objections to the quality of the defendants’ products will be attributable to the plaintiff, as the public would have purchased such goodsunder the mistaken impression that they emanate from the plaintiff,” the Court recorded.

(By Suchismita Maity)