Bombay High Court refuses to block 'Queen Full Power': shared title, lead actress and theme not enough for passing off

Phantom Studios, producer of the 2014 film 'Queen', sued JioStar India, Trigger Happy Entertainment and Digital 18 Media over their upcoming film 'Queen Full Power', alleging passing off because it shares the word 'Queen', the same lead actress and director, and a similar theme of a woman's self-discovery and empowerment, and alleging breach of a co-production agreement by treating the new film as an undisclosed 'spiritual sequel'. It sought a temporary injunction restraining the film's production, promotion and release, and claimed Rs. 253.55 crore in damages in the suit itself. The Bombay High Court dismissed the interim application.

It held that sharing one word of a title, common lead talent, or a broadly similar theme does not, by itself, establish a prima facie case of passing off, since passing off requires a likelihood of confusion as to the source or affiliation of the goods; social media reactions treating the new film as a 'sequel' were unreliable evidence of actual confusion, since such posts are often biased and unverified. The Court also found no irreparable harm, since the plaintiff had an adequate remedy in damages if its claims were later proved, and found the balance of convenience against an injunction: more than twelve years had passed since 'Queen' released without any sequel being attempted, while the defendants' film had already completed principal photography and would suffer disproportionate loss if blocked at this stage.