Civil suit filed for injunction against copyright infringement of film Kannum Kannum Kollaiyadithaal was withdrawn by the petitioner via email, leading to dismissal of the suit.
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C.S.No.99 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 06.07.2020
CORAM:
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
C.S.No.99 of 2020 and O.A.Nos.142 and 143 of 2020
Viacom 18 Media Private Limited Having its office at Shyamala Towers, Fifth Floor, 136, Abhusali Street, Saligramam, Chennai - 600 093 Represented by its Power Agent Mr.Vinit Chandra Sharma .. Plaintiff /versus/ 1. Bharat Sanchar Nigam Limited, Bharat Sanchar Bhavan, Harish Chandra Mathur Lane, Janpath, New Delhi - 110 001.
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Chennai - 600 113.
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Erode - 638 006.
Chennai - 600 033.
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Karnataka
Also at
No.17/68, Chevalier Shivaji Ganesan Street, New Colony, T.Nagar, Chennai - 600 017.
This Civil Suit is filed under Order VII Rule 1 of Civil Procedure Code and read with Order IV Rule 1 of Original Side Rules,1956 Read with Sections 51, 52, 55 and 62 of the Copyright Act, 1957 and the Copyright (Amendment) Act, 2012 and Section 7 of the Commercial Courts, Commercial Division an Commercial Appellate Division of the High Courts Act, No 4 of 2016, prayed for
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(a) A permanent injunction restraining the defendants 1 to 37 or any other person from infringing the cinematographic film "Kannum Kannum Kollaiyadithaal" and said work be directed to block all websites/web pages and future websites (including their prefix and suffix) and those Non-Complaint websites mentioned in Schedule-A hosing contents that relate to plaintiff's copyright protected cinematographic film "Kannum Kannum Kollaiyadithaal" in any manner, thereby restraining the unauthorised copying, transmission, communication or make available or display or release or show or upload or download or exhibit or play and/or in any manner communicate in and/or through their services immediate of receipt of details of such infringing websites/webpages in writing;
(b) A permanent injunction restraining the defendants 38-42 or any other person from infringing the cinematographic film "Kannum Kannum Kollaiyadithaal" by themselves, their partners/proprietor/directors, heirs, representatives, successors in business, assigns, distributors, agents, servants or anyone claiming through them or under them from infringing the plaintiff's copyrighted cinematographic film "Kannum Kannum Kollaiyadithaal" by copying, recording, reproducing or allowing camcording or allowing others to transmit, communicate or make available or distributing or duplicating or displaying or releasing or showing or uploading or downloading or exhibiting or playing and / or in any manner whatsoever from communicating the cinematographic film "Kannum Kannum Kollaiyadithaal"and said Work without a proper license from the plaintiff or in any other manner which would violate / infringe the
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plaintiff's copyrighted cinematographic film "Kannum Kannum Kollaiyadithaal" through different mediums including but not limited to CD, DVD, Blu-ray disc, VCD, cable TV, Direct to home services, internet services, multimedia messaging services, pen drives, hard drives, tapes, DAS, satellite, Conditional Access Systems or in any other medium/manner whatsoever;
(c ) For costs of the suit;
For plaintiff : Mr. Arun C. Mohan
JUDGMENT
In view of the E-mail sent by the learned counsel for the
petitioner seeking withdrawal of the suit, the suit is dismissed as
withdrawn. No order as to costs. Consequently, connected O.As are
closed.
06.07.2020
nvi
Speaking Order / Non-Speaking Order Internet : yes/no
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C.V.KARTHIKEYAN,J.
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C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
