Mumbai, Oct 16 The Bombay High Court has refused to grant an interim injunction against Kangana Ranaut-starrer "Queen Full Power", noting that prima facie it has no similarity or commonality with the 2014 film "Queen" featuring the same actor.
Noting that the stories, plots, and themes of the two films do not have anything in common, the high court said the upcoming film is neither a "sequel" nor a "reboot" of the 2014 movie.
A single bench of Justice Sandeep Marne, in the order passed on Wednesday and a copy of which was made available on Friday, said it was "suffice to observe that comparison of synopsis of the two films does not indicate any similarity or commonality in the stories of the two films."
The court declined any urgent and interim injunction against the upcoming film, noting that no prima facie case is made out to show that the proposed film is a derivative work of the 2014 movie.
The central theme of the 2014 film is female self-discovery and empowerment through independence.
"The stories, plots, and themes of the two films do not have anything in common in them. The film "Queen Full Power" is admittedly not a linear continuation of the story of the film "Queen" and is therefore not a sequel. It is also not a prequel or a spin-off or a reboot of the film "Queen"," the HC said.
Phantom Studios had moved the HC in July against JioStar India Private Limited, claiming that when the film "Queen" was made, there was an agreement between them and JioStar that in future if any sequel or prequel was to be made, then both the parties would have 50 per cent rights on the same.
It had not consented to any sequels, adaptations or derivative works of the film, Phantom Studios added.
JioStar, however, claimed that the proposed movie, "Queen Full Power", in which it was working with Kangana Ranaut, was a fresh production that is an original and independent story.
Phantom Studios had sought an injunction against the release of the film and also damages of Rs 250 crore.
The court, in its order, noted that the proposed film "Queen Full Power" was a kidnapping and comic thriller while the 2014 movie "Queen" was more of a romantic genre.
"Apart from Kangana Ranaut, all the other key characters and cast of the proposed film 'Queen Full Power' are played mainly by Marathi film industry actors," it said.
In its order, the high court noted that "Queen Full Power" prima facie is essentially a kidnapping thriller drama and does not involve the element of travel or journey by the protagonist through which she discovers a sense of power or confidence.
The proposed film revolves around a middle-aged Marathi woman living an ordinary middle-class life, which is disrupted by a kidnapping.
"The synopsis, however, does not indicate any significant travel or journey undertaken by the protagonist beyond Mumbai through which she discovers a sense of independence, confidence or empowerment," the HC said.
It further refused to accept the contention of the plaintiff Phantom Studios that since the word "Queen" is used in the proposed film, confusion would be created in the minds of moviegoers.
The word "Queen" is used in the title of several movies and hence there is no question of the same acquiring any distinctiveness, Justice Marne said.
The bench further said the word 'queen' is a laudatory and descriptive word for high feminine virtue and still signifies its ordinary and primary meaning, which is not displaced even by some degree on account of the alleged success of Plaintiff's film "Queen".
The court further said that JioStar has never said that it was making a prequel or sequel of the 2014 movie.
In the interim application which the HC dismissed, Phantom sought an order temporarily barring the defendants from making, releasing or promoting any sequel or adaptation of the film (including the proposed Queen Full Power) without Phantom's written permission until the suit is finally decided.
