Five Star Films Pvt. Ltd Vs Sri Thenandal Films and another

DATE OF JUDGEMENT: 08.06.2022:
CASE NO: Original Application No. 127 of 2019 in CS (Comm) No. 22 of 2022
CASE TITLE: Five Star Films Pvt. Ltd Vs Sri Thenandal Films and another
NAME OF HON'BLE COURT: Hon'ble High Court of Madras
NAME OF HON'BLE JUDGE: Hon'ble Justice Senthil Kumar Ramamoorthy

Brief Note on the case: 1. The right of making remake of the film was not reassignable, still the same was re-assigned to other parties and at last to the Plaintiff. The Defendant No.3 did not assailed the same. Hence Defendant No.3 acquiesced in the assignment in favour of Plaintiff. Para 10,11.

2.Though movie of the Defendant MERSAL appears to have been inspired from Plaintiff's movie MOONDRU MUGAM as central characters are same. However Plaintiff failed to prove it to be copy of plaintiff's movie. Para 19.

3.As movie of the Defendant has already been released in theatre and OTT Platform, the relief of permanent injunction has become infructuous. Para 20

4.Plaintiff failed to prove any loss. Hence Plaintiff's not entitled to relief. Para 20.

5.As Plaintiff was looser, the Defendant was granted the cost of Rs. one Lakh towards lawyers fee and other expenses. Para 21

Ajay Amitabh Suman, IPR Advocate,
Hon’ble Delhi High Court,
ajayamitabh7@gmail.com,
9990389529

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