In a brief but charged hearing on Wednesday, the Delhi High Court refused to grant any relief to actor Ravi Mohan’s production company in its tussle with Indospirit Beverages over the title “BRO CODE.” The film studio had appealed against an earlier single-judge order that stopped it from using the name, which happens to be the trademark of Indospirit’s popular alcoholic beverage.
A Division Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla said that staying the earlier order at this stage would “virtually amount to allowing the appeal itself.” The court added that such a step would interfere with the ongoing trial.
Background
Indospirit Beverages, known for its carbonated wine-pint drink sold under the BROCODE brand, had moved court claiming that Ravi Mohan Studios copied its mark for a Tamil movie title. The company argued that its trademark enjoys wide public recognition and online presence, having been used in advertisements, social media campaigns, and even YouTube shows like BroCode Roast.
The single-judge bench had earlier agreed with Indospirit, saying that using the same word for a film could cause confusion among ordinary consumers who associate BROCODE with a beverage brand. The order prohibited the studio from using or promoting the title in any form.
Court’s Observations
During the appeal, the Bench questioned Indospirit’s lawyers about the legal grounds for the injunction.
“If it is an infringement, you must tell us under which subsection of Section 29 this falls,” the judges remarked.
They noted that the earlier order did not specifically identify which part of the Trade Marks Act, 1999 was being invoked.
Senior Advocate Dayan Krishnan, representing Indospirit, maintained that Section 29(4) applied, as the film’s title unfairly exploited the beverage’s well-known reputation in India.
However, despite those concerns, the court refused to stay the injunction, reasoning that it would defeat the purpose of the original case.
Decision
The High Court thus declined to interfere with the single-judge’s ruling and issued notice on Ravi Mohan Studios’ appeal, listing it for final hearing on December 5.
For now, the studio can continue with its film production but cannot use “BRO CODE” in any form until the court decides otherwise.
Case Title:- Ravi Mohan Studios Private Limited vs Indospirit Beverages Private Limited & Ors.
Case Number:- FAO(OS) (COMM) - 184/2025