Bata India Ltd. took very serious note of the derogatory and defamatory reference to Bata as a brand in the first official trailer of the movie titled JOLLY LLB-2 produced by Fox Star Studios. The film has been written and directed by Subhash Kapoor starring Akshay Kumar, Annu Kapoor amongst others and hit the theaters today.
In one of the dialogues in a Court Room, actor Annu Kapoor had been depicted to recite the following line“Varna kya…..Bata ka joota pehan kar, tuchhi si terricot ki shirt pehan kar, sala hum se zabaan lada rahe hain”.
Immediately on the conclusion of the afore-mentioned dialogue Akshay Kumar was shown to have slapped Annu Kapoor. Further, while the dialogue played, English subtitles to the same are appeared as follows, “Who are you to argue with me in your CHEAP SHOES and shabby clothes”.
The official trailer had been trending and been watched rapidly over the internet and in cinemas. Taking offense to the same, for and for portraying that Bata is adorned only by lower strata of society and one should feel humiliated if one wears Bata footwear.
As Bata India Limited is extremely sensitive and watchful of any attempt which undermines the reputation of the brand or which is aimed to damage and disrupt the brand identity.
The company filed a Suit for Permanent Injunction restraining continuance of Defamation, Commercial Disparagement and Infringement of Trade Marks and damages for 3 Crores against Fox Star Studios, writer Director Subhash Kapoor and others.
The said suit came up for hearing before Hon’ble Mr. Justice Rajiv Sahai Endlaw Judge, Delhi High Court on 24.01.2017 when faced with the suit, the Counsel appearing for Fox Star Studios and Hotstar informed the Court that their clients have taken a decision to discontinue the impugned trailer with immediate effect and shall not include the impugned scene in the film. They also assured the Court that they shall issue immediate instructions for pulling down the impugned trailer from internet. Upon such statements, the suit for permanent injunction was decreed in favour of Bata while the Suit for Damages has been allowed to be continued and defendants have been issued summons to respond to the same.
Further, Bata India Limited, filed a Criminal Complaint before Ld. ACMM, Saket Courts, New Delhi against the entire team of Jolly LL.B-2 including Producers Fox Star Studios India Pvt. Ltd., its directors, executive producer Naren Kumar, Writer/Director Subhash Kapoor, Actors Annu Kapoor and Akshay Kumar for Criminal Defamation and Criminal Conspiracy punishable under Section 500/120B of Indian Penal Code.
Upon hearing submissions of Our Counsel, the court took cognizance of the offences committed by the accused persons on 4th February, 2017 and further upon considering the pre-summoning evidence of the witnesses of Bata India Limited and hearing further submissions of our counsel Mr. Neeraj Grover Advocate, the Ld. Judge has prima facie found the offence under Section 500/120B made out against the aforesaid persons and all the aforesaid persons have been summoned to appear before the Ld. ACMM Court, Saket on February 22, 2017. On the said date, the aforesaid shall have to appear in person and furnish bail bonds/surety bonds.