Dismissed

Tiger Tv Media v. Puthia Thalaimurai Channel

Madras HC9 Aug 2021CS/108/2012

Case brief

AI extract

What is this about?

This court dismissed a civil suit filed by Tiger TV Media against Puthiya Thalaimurai Channel for copyright infringement, breach of confidence, and reverse passing off due to the plaintiff's failure to prosecute the case after withdrawing papers in 2014. The suit was adjourned for hearing, but the plaintiff did not appear or engage new counsel.

What did the court decide?

Dismissal of the suit filed by Tiger TV Media against Puthiya Thalaimurai Channel for alleged copyright infringement, breach of confidence, and reverse passing off.

Tiger Tv Media Vs Puthia Thalaimurai Channel — Intellectual Property | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION)

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MONDAY, THE 09TH DAY OF AUGUST 2021

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THE HON'BLE MR. JUSTICE R.SUBRAMANIAN

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C.S.No.108 of 2012

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TIGER TV MEDIA Represented by its Proprietor Mr.V.J.Kumar, #2/4^th Floor, Raheja Complex, No.834, Mount Road, Chennai – 600 002. ...Plaintiff

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.Vs.

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Puthiya Thalaimurai Channel Owned and Controlled by New Generation Media Corporation Pvt. Ltd., Regd. Office No.25, ANP Industrial Estate, Ekkaduthanga, Chennai – 600 032.

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... Defendant

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Civil suit praying that this Hon'ble Court be pleased to pass a Judgment and Decree:-

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(a) Granting permanent injunction restraining the defendant by

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themselves, their servants or agents, assignees or anyone claiming through them from in any manner infringing the plaintiff's Copyright in respect of the Work, being an event capable of being telecast as a television program under the name and style of “Perfect Personality Award” by re-titling the same as 'Puthiya Thalaimurai Tamizhan Virudhugal' or such other title, and telecasting the infringing material in whole or reproduction of any part https://hcservices.ecourts.gov.in/hcservices/

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thereof, by exploitation for public viewing by broadcasting, telecasting on

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the defendant's channel Puthiya Talaimurai or on such other Satellite or Terrestrial Television or making the same available through the internet or such other mode of transmission and reception to reach the public for viewing;

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(b) Granting permanent injunction restraining the defendant by themselves, their servants or agents, assignees or anyone claiming through them from in any manner committing breach of confidence in respect of the plaintiff's idea/ concept in “Perfect Personality Award” by telecasting the same as a television program or as an event by re-titling the same as 'Puthiya Thalaimurai Tamizhan Virudhugal' or such other title, and telecasting and/ or conducting the event using the plaintiff's novel concept/ idea in “Perfect Personality Award” in whole or reproduction of any part thereof, by exploitation for public viewing by broadcasting, telecasting on the defendant's channel Puthiya Thalaimurai or on such other Satellite or Terrestiral Television or making the same available through the internet or such other mode of transmission and reception to reach the public for viewing;

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(c) Granting permanent injunction restraining the defendant by themselves, their servants or agents, assignees or anyone claiming through

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them from in any manner committing reverse passing off in respect of the https://hcservices.ecourts.gov.in/hcservices/ plaintiff's idea/ concept in “Perfect Personality Award” by telecasting the

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same as a television program or as an event by re-titling the same as 'Puthiya Thalaimurai Tamizhan Virudhugal' or such other title, and telecasting and/ or conducting the event using the plaintiff's novel concept/ idea in “Perfect Personality Award” in whole or reproduction of any part thereof, by exploitation for public viewing by broadcasting, telecasting on the defendant's channel Puthiya Thalaimurai or on such other Satellite or Terrestiral Television or making the same available through the internet or such other mode of transmission and reception to reach the public for viewing, by claiming the idea/ concept as that of the defendant;

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(d) Directing the defendant to pay to the plaintiff a sum of Rs.2,00,000/- (Rupees Two Lakhs only) as damages and for interest thereon at 12 percent per annum from date of plaint till date of realization;

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(e) Directing the defendant to surrender to the plaintiff the entire stock of software, master cassettes/ discs, sound recording, literature and letterheads and communications, pamphlets and all materials with the infringing work 'Puthiya Thalaimurai Tamizhan Virudhugal' or such other name/ title;

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(f) Directing the defendant to render a true and faithful accout of the profits earned by it through the business using the offending infringing material 'Puthiya Thalaimurai Tamizhan Virudhugal' or such other name/ https://hcservices.ecourts.gov.in/hcservices/ title;

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(g) Directing the defendant to pay to the plaintiff the cost of the suit.

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This suit coming on this day before this court for hearing in the

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presence of Mr.V.Venkatesan, Advocate for the defendant herein and the plaintiff herein not appearing in person or by advocate and upon reading the plaint filed herein and Mr.Perumbulavil Radhakrishnan, learned counsel for the plaintiff having submitted that the plaintiff has taken back the papers from him even in the year 2014, no new counsel has been engaged, it is

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ordered as follows:

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That the suit in C.S.No.108 of 2012 be and is hereby dismissed for non-prosecution.

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That there shall be no costs of this suit.

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WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 09^th DAY OF AUGUST 2021.

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Sd./-

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ASSISTANT REGISTRAR (COMM.CASES)

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//Certified to be true copy// Dated at Madras this the day of 2021.

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COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

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

01.09.2021

C.S.No.108 of 2012

ORDER:DATED : 09.08.2021

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THE HON'BLE MR.JUSTICE R.SUBRAMANIAN

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FOR APPROVAL: 09.09.2021

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APPROVED ON: 13.09.2021

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

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.08.2021

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CORAM

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

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C.S.No.108 of 2012

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TIGER TV MEDIA

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Represented by its Proprietor Mr.V.J.Kumar, #2/4^th Floor, Raheja Complex, No.834, mount Road, Chennai – 600 002.

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...Plaintiff

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.Vs.

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Puthiya Thalaimurai Channel Owned and Controlled by New Generation Media Corporation Pvt. Ltd., Regd. Office No.25, ANP Industrial Estate, Ekkaduthanga, Chennai – 600 032.

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... Defendant

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Plaint filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of the Code of Civil Procedure and Sections 55 and 62 of the Copyright Act, 1957 praying for a judgment and decree

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(a) Granting permanent injunction restraining the defendant by

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themselves, their servants or agents, assignees or anyone claiming through them from in any manner infringing the plaintiff's Copyright in respect of

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the Work, being an event capable of being telecast as a television program

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

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under the name and style of “Perfect Personality Award” by re-titling the

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same as 'Puthiya Thalaimurai Tamizhan Virudhugal' or such other title, and telecasting the infringing material in whole or reproduction of any part thereof, by exploitation for public viewing by broadcasting, telecasting on the defendant's channel Puthiya Talaimurai or on such other Satellite or Terrestrial Television or making the same available through the internet or such other mode of transmission and reception to reach the public for viewing;

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

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themselves, their servants or agents, assignees or anyone claiming through them from in any manner committing breach of confidence in respect of the plaintiff's idea/ concept in “Perfect Personality Award” by telecasting the same as a television program or as an event by re-titling the same as 'Puthiya Thalaimurai Tamizhan Virudhugal' or such other title, and telecasting and/ or conducting the event using the plaintiff's novel concept/ idea in “Perfect Personality Award” in whole or reproduction of any part thereof, by exploitation for public viewing by broadcasting, telecasting on the defendant's channel Puthiya Thalaimurai or on such other Satellite or Terrestiral Television or making the same available through the internet or such other mode of transmission and reception to reach the public for viewing, by claiming the idea/ concept as that of the defendant;

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

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(f) Directing the defendant to render a true and faithful accout of the

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profits earned by it through the business using the offending infringing material 'Puthiya Thalaimurai Tamizhan Virudhugal' or such other name/ title;

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(g) Directing the defendant to pay to the plaintiff the cost of the suit.

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For Plaintiff : No appearance For Defendant : Mr.V.Venkatesan

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J U D G M E N T

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Mr.Perumbulavil Radhakrishnan, learned counsel appearing for the plaintiff would submit that the plaintiff has taken back the papers from him even in the year 2014. No new counsel has been engaged.

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2. Hence, the suit is dismissed for non-prosecution. No costs.

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Sd./-(R.S.M.J.,) 09.08.2021

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List of the witnesses examined on the side of the plaintiff : Nil List of Exhibits marked on the side of the plaintiff : Nil

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List of the witnesses examined on the side of the defendant: Nil

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List of Exhibits marked on the side of the defendant: Nil

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09.08.2021

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//Certified to be true copy//

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Dated at Madras this the day of 2021.

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COURT OFFICER(O.S.) https://hcservices.ecourts.gov.in/hcservices/ From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

Tiger Tv Media v. Puthia Thalaimurai Channel

Case brief

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Tiger Tv Media v. Puthia Thalaimurai Channel

Case brief

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