Mahesh Manjrekar's film release stalled by Bombay HC over title

Mumbai: The Bombay high court stalled the release of well-known Marathi filmmaker Mahesh Manjrekar’s upcoming movie Rubik’s Cube, after the Rubik’s Brand Ltd, which is the creator of the popular puzzle, has moved the HC against its release. The company had argued that commercial usage of the brand name could harm the brand and the value associated with it. The court observed that prima facie case has been made out and incalculable harm would be caused to the company if injunction is refused.

Rubik’s Brand Ltd moved the HC as they believed that the movie title could cause potential damage to the brand name that has been coined specifically for the puzzle. Justice Gautam Patel was hearing a commercial suit filed by Rubik Brand Ltd., claiming that they have exclusive right over the puzzle and toy named Rubik’s cube. The suit also claimed that the very word Rubik’s Cube is an invented and coined work when attached to this puzzle. Rubik’s Cube connotes one and only one item, this puzzle or toy and the mark had international registration. The company had exclusive right to market and distribute the Rubik’s Cube puzzle despite variants in the puzzle.

After hearing the suit, Justice Patel said, “I am not concerned with the intention of the defendant in adopting the mark as the title of his forthcoming Marathi feature film. It is well settled in passing off that intention is immaterial and that fraud is not a necessary element.” He further added that anyone would be led to believe that the defendant’s film has something to do the plaintiff’s well-known mark as applied to an extremely popular and well-known puzzle or toy.

The judge said that he has seen the promotional posters, which indicate the same puzzle the tagline or slug of the film is a direct reference to the toy itself. “I would imagine that there is already considerable damage caused to the plaintiff in terms of dilution of their brand and their mark,” said Mr Patel.