Allowed

M/s. Sri Venkateshwara Bhakthi v. M/s., Apalya Technologies

Madras HC12 Sept 2018A/2552/2015

Case brief

AI extract

What is this about?

This order grants permission to the sole plaintiff to combine causes of action regarding copyright infringement, passing off related to 'Tirumala Tirupati Devasthanam' labels/logo, and alleged impermissible licensing in a single suit. The court found the complaints were intertwined and dovetailed.

What did the court decide?

Permission granted to combine causes of action in copyright infringement, passing off, and licensing matters in a single suit.

M/s. Sri Venkateshwara Bhakthi Vs M/s., Apalya… — Intellectual Property | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION)

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WEDNESDAY, THE 12th DAY OF SEPTEMBER 2018

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THE HON'BLE MR. JUSTICE M.SUNDAR

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A. No.2552 of 2015

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M/s.Sri Venkateshwara Bhakthi Channel No.50, Venkatnarayana Road,

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T.Nagar, Chennai 600 017.

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... Applicant/Plaintiff -Versus-

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M/s. Apalya Technologies Private Limited, Plot No.89, #-2-120/76, 2nd Floor, Vaibhav Constructions, Road No.2, Banjara Hills, Hyderabad 500 034.

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M/s. Spice Digital Limited, 60D, Street No.C-5, Sainik Farms, New Delhi 110 062. ... Respondents/Defendants

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Application praying that this Hon'ble Court be pleased to grant permission to the applicant to combine the causes of action in respect of copyright infringement and passing off actions together in a single suit.

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This application coming on this day before this court for hearing, the court made the following order:

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Sole plaintiff in the main suit is the lone applicant herein and defendants 1 and 2 in the main suit are respondents 1 and 2 respectively in the instant application.

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Parties in this application are referred to by their respective ranks in the main suit for the sake of convenience and clarity.

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https://hcservices.ecourts.gov.in/hcservices/

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This application has been taken out inter alia under Clause 14 of Letters Patent for combining causes of action. Causes of action sought to be combined are alleged infringement of copy right, alleged passing off qua Tirumala Tirupati Devasthanam labels/logo and some alleged licensing which is impermissible.

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A perusal of the plaint shows that all the three complaints are clearly intertwined and dovetailed with one another. The entire lis pertains to a television channel that is run by the plaintiff company. The television channel run by the plaintiff company is 'Sri Venkateshwara Bhakthi Channel' ('SVBC' for brevity). The complaints of infringement of copy right, passing off qua Tirumala Tirupati Devasthanam labels/logo and licensing pertaining to telecast of SVBC are intertwined and dovetailed.

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Learned counsel for second defendant submits that he has no serious opposition or objection, but that is without prejudice to his rights and contentions on the merits of the matter.

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In the light of the narrative supra, this application is ordered as prayed for.

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//Certified to be a true copy//

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Dated this the th day of 2018.

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KY/28.09.2018 COURT OFFICER

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From 25.09.2008 the Registry is issuing certified copies https://hcservices.ecourts.gov.in/hcservices/ of the Order/Judgment Decree in this format.

M/s. Sri Venkateshwara Bhakthi v. M/s., Apalya Technologies

Case brief

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M/s. Sri Venkateshwara Bhakthi v. M/s., Apalya Technologies

Case brief

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