Allowed

R.Ayubkhan v. Lehren Networks Pvt.Ltd.

Madras HC6 Sept 2021CS/12/2016

Case brief

AI extract

What is this about?

This judgment allowed the plaintiff's suit seeking permanent injunction against defendants for uploading movies on YouTube. The court declared the plaintiff the exclusive owner of internet rights based on assignment agreements and awarded costs. Defendants 2 and 3 had issued counter-notifications regarding ownership, which were rejected after their withdrawal of appearance. Unlike the full judgmen

What did the court decide?

Permanent injunction restraining defendants from uploading the specified films; direction to remove uploaded content; declaration of plaintiff's exclusive internet rights; award of advertising revenue

R.Ayubkhan Vs Lehren Networks Pvt.Ltd. — 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 06TH DAY OF SEPTEMBER, 2021

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THE HON'BLE DR. JUSTICE G.JAYACHANDRAN

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C.S. No.12 of 2016

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Mr.R.Ayubkhan, Proprietor, Khafa Exports, No.16, Bhagavantham Street, 2^nd Floor, Flat No.9, T.Nagar, Chennai 600017.

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... Plaintiff

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/versus/

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Lehren Networks Private Limited, D-415/416, Floral Deck Plaza, 4th Floor, Central MIDC Road, Opposite Seepz, Andheri East, Mumbai-400093.

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HaiderKhazmi,

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Park View Building 11A Flat No.1, New Mahata Colony, Andheri East, Mumbai, Maharashtra 110075

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Alfeeya A Shaikh,

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11A Park View Building, Mahaklali Caves Road, Andheri East, Mumbai, Maharashtra 400093.

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Ritu Raj Pandey,

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405/45 Chhatrapati Shivajji Raje Complex, Mhada, Kandivali West, Mumbai, Maharashtra 400067

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PK Online Ventures Pvt Ltd,

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No.86, 2nd floor Percept House, Wings of Eagles, S.S Commercial Zone, https://hcservices.ecourts.gov.in/hcservices/ Varthur Road, Nagavarapalya, C.V. Raman Nagar, Bangalore, Karnataka 560093.

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K.Rajasekhar Reddy,

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Flat No.P1 4th Floor 116, Doddathogur Village, Electronic City Phase I, Bangalore, Karnataka 560102.

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Sarika A jain, C4/104 Ambika Bldg, Sector 8, Shanti Nagar Mira Road, Mumbai.

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Ashok Kumar, Unknown address

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Mr.A.Chandrasekaran, Proprietor, (*) M/s.Sri Saravana Creations, New No.1, Old No.6, 1^st Floor, Lake, 2^nd Cross Street, Nungambakam. Chennai 34.

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M/s.SG Films Private Limited, (*) No.894, 69^th Street, 11^th Sector, KK Nagar, Chennai 78.

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Mr.Cheran, Proprietor, (*) M/s.Dream Theatres, 9A, Sivasailam Street, T.Nagar, Chennai 17.

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M/s.Sivam Associates, (*) Represented by Ms.S.Sundhara Lakshmi , No.72/89, North Car Street, Chockkalingapuram, Aruppukottai 626101.

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... Defendants

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(*) (Defendants 9 to 12 are impleaded as per order dated 18.04.2016 in Application Nos.2042-2044/2016)

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Civil Suit praying that this Hon'ble Court be pleased to pass a

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https://hcservices.ecourts.gov.in/hcservices/ judgement and decree:-

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a) granting a permanent injunction restraining the defendants from

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uploading on youtube.com or any other website, the movies “ArinthumAriyamalum”, “AzhagaiIrukkiraiBayamaiIrukkirathu”, “Ghajini” “Ramcharan”, “Pattiyal” belonging to the Plaintiff;

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b) directing the Defendants to remove the movies “ArinthumAriyamalum”, “Ghajini” “Ramcharan”, “Pattiyal”, “AzhagaiIrukkiraiBayamaiIrukkirathu”, from youtube.com or any other website where they have been uploaded permanently;

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c) declaring that the Plaintiff is the exclusive internet right owner in the movies “ArinthumAriyamalum”, “Ghajini” “Ramcharan”, “Pattiyal” “AzhagaiIrukkiraiBayamaiIrukkirathu”;

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d) directing the defendants to pay to the plaintiff the entire advertising revenue generated from the illegal upload of the albums.

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e) awarding the plaintiff the cost of the present suit proceedings.

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This Civil Suit having been heard on 02.09.2021 in the presence of

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Mrs.Gayathri, for M/s.M.V.Swaroop, Advocates for the plaintiff herein and the defendants herein, having not appeared in person or by advocate and

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the defendants 2,3,5 and 7 herein, having been set exparte and the defendants 6 & 10 having been given up, and the defendants 1,8,9,11 and

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12 having not appeared in person or by advocate and upon reading the https://hcservices.ecourts.gov.in/hcservices/ plaint filed herein and other exhibits therein referred to and upon perusing

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

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the evidence adduced and having been stood over for consideration till this

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date and coming on this day before this court for orders in the presence of the said advocates for the parties hereto, It is ordered and decreed as follows:-

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That 1. Lehren Networks Private Limited, 2. HaiderKhazmi, 3. Alfeeya A Shaikh, 4. Ritu Raj Pandey, 5. PK Online Ventures Pvt Ltd, 6. K.Rajasekhar Reddy, 7. Sarika A Jain, 8. Ashok Kumar, 9. Mr.A.Chandrasekaran, Proprietor 10. M/s.SG Films Private Limited, 11. Mr.Cheran, Proprietor, 12. M/s.Sivam Associates Represented by MS.S.Sundhara Lakshmi, the defendants herein be and are hereby restrained by an order of permanent injunction from uploading on youtuble.com or any other website, the movies “ArinthumAriyamalum”, "Azhagai Irukkirai Bayamai Irukkirathu” “Ghajini”, “Ramcharan”, “Pattiyal”, belonging to the plaintiff herein.

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That the defendants herein be and are hereby directed to remove the movies “ArinthumAriyamalum”, “Ghajini”, “Ramcharan”, “Pattiyal”, Azhagai Irukkirai Bayamai Irukkirathu” from youtube.com or any other website where they have been uploaded permanently.

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That the plaintiff herein, be and is hereby declared as the exclusive

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owner of all internet rights in the movies “ArinthumAriyamalum”, https://hcservices.ecourts.gov.in/hcservices/ “Ghajini”, “Ramcharan”, “Pattiyal”, Azhagai Irukkirai Bayamai

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Irukkirathu” and that the defendants have no right, title or interest in these

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movies whatsoever.

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That defendants herein do pay to the plaintiff the entire advertising

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revenue generated from the illegal upload of the albums.

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That the defendants herein do pay to the plaintiff herein, the costs of this suit as and when taxed by the taxing officer of this Court and noted in the margin thereof.

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WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID THIS THE 06TH DAY OF SEPTEMBER 2021.

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Sd./-

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ASSISTANT REGISTRAR (O.S.I) //Certified to be true copy// Dated at Madras this the day of 2022.

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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/

11.01.2022

C.S. No.12 of 2016

DECREE

DATED: 06.09.2021 THE HON'BLE DR.JUSTICE G.JAYACHANDRAN FOR APPROVAL: 04.04.2022

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APPROVED ON: 05.04.2022

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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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Reserved on : 02.09.2021

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Pronounced on : 06.09.2021

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Coram:

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THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

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C.S.No.12 of 2016

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Mr.R.Ayubkhan, Proprietor, Khafa Exports, No.16, Bhagavantham Street, 2^nd Floor, Flat No.9, T.Nagar, Chennai – 600 017.

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... Plaintiff

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/versus/

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Lehren Networks Private Limited, D-415/416, Floral Deck Plaza, 4^th Floor, Central MIDC Road, Opposite Seeqz, Andheri East, Mumbai – 400 093.

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Haider Khazmi, Park View Building, 11-A Flat No.1, New Mahata Colony, Andheri East, Mumbai, Maharashtra – 110 075.

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Alfeeya A Shaikh,

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11-A, Park View Building, Mahakali caves road, Andheri East, Mumbai, Maharashtra – 400 093.

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Ritu Raj Pandey,

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No.405/45, ChhatrapatiShivaji Raje Complex, Mhada, Kandivali West, Mumbai, Maharashtra – 400 067.

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PK Online Ventures Pvt Limited, No.86, 2^nd Floor, Percept House, Wings Of Eagles, S.S.Commercial Zone, Varthur Road,

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https://hcservices.ecourts.gov.in/hcservices/ Nagavarapalya, C.V.Raman Nagar, Bangalore, Karnataka – 560 093.

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K.Rajasekhar Reddy,

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Flat No.P1, 4^th Floor, 116, Doddathogur Village,Electronic City Phase – I, Bangalore, Karnataka – 560 102.

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Sarika A Jain, C4/104, AmbikaBldg, Sector 8, Shanti Nagar, Mira Road, Mumbai.

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Ashok Kumar, Unknown Address.

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Mr.A.Chandrasekaran, Proprietor, M/s.Sri Saravana Creations, New No.1, Old No.6, 1^st Floor Lake 2^nd Cross Street, Nungambakkam, Chennai – 34.

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M/s.S.G.Films Pvt Ltd.,

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No.894, 69^th Street,11^th Sector, K.K.Nagar, Chennai – 78.

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Mr.Cheran, Proprietor, M/s.Dream Theatres, No.9-A, Sivasailam Street, T.Nagar, Chennai – 17.

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M/s.Sivam Associates, Represented by Mr.S.Sundhara Lakshmi, No.72/89, North Car Street, Chockkalingapuram, . Aruppukottai – 626 101. ... Defendants

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Prayer:- This Suit is filed under Order IV Rule 1 of Original Side Rules, Order VII Rule 1 of C.P.C read with Section 62of Copyright Act, 1957.

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(i). Granting a permanent injunction restraining the defendants from uploading on youtuble.com or any other website, the copyrights of the movies “ArinthumAriyamalum”, “Ghajini”, “Ramcharan”, “Pattiyal”, https://hcservices.ecourts.gov.in/hcservices/ Azhagai Irukkirai Bayamai Irukkirathu” belong to the plaintiff.

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(ii). Directing the defendants to remove the movies “ArinthumAriyamalum”, “Ghajini”, “Ramcharan”, “Pattiyal”, Azhagai Irukkirai Bayamai Irukkirathu” from youtube.com or any other website where they have uploaded permanently.

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(iii). Declaring that the plaintiff is the legal owner of all Internet rights in the films “ArinthumAriyamalum”, “Ghajini”, “Ramcharan”, “Pattiyal”, Azhagai Irukkirai Bayamai Irukkirathu” and that the defendants have no right, title or interest in these movies whatsoever.

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(iv). Directing the defendants to pay to the plaintiff the entire advertising revenue generated from the illegal upload of the albums mentioned in the schedule to the plaint.

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For Plaintiff : Mrs.Gayathri, for M/s.M.V.Swaroop For D1, 8, 9, 11, 12 : No appearance For D2, 3, 5 & 7 : Set exparte For D6 & D10 : Given up

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J U D G M E N T

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(Case has been heard through Video Conferencing)

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This Suit is filed for permanent injunction restraining the

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defendants from uploading on Youtube or any other website, the suit schedule cinematograph films over which the plaintiff has a copyrights

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https://hcservices.ecourts.gov.in/hcservices/ being assigned by the producers of the respective movies.

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2. According to the plaintiff, the copyright of the following five

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cinematograph movies were assigned to it by the respective producers.

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*Sl.Nos*	*Name of cinematography*	*films*	*Producers*
. 1.	Ghajini (9^thdefendant)		M/s.Sri Saravanaa Creations
2.	Arinthum Ariyamalaum defendant)	(10^th	M/s.S.G.Films Pvt Ltd
3.	Azhagai Irukkiirai Irrukkirathu (11^thDefendant)	Bayamai	M/s.Dream Theatres
4.	Pattiyal (10^thDefendant)		M/s.S.G.Films Pvt Limited
5.	Ramcharan (12^thdefendant)		M/s.Sivam Associates

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3. While the plaintiff being the sole and exclusive copyrights

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holder of the said movies for all commercial exploitation including the internet right all over the world, infringing the said copyrights, the defendants 1 to 8 have uploaded the whole cinematograph films in Youtuble. Hence, the plaintiff caused notice to the defendant to withdraw the offending content. The 2^nd defendant, on 13.12.2015, issued counter notification stating that they have right to exploit the movies through Youtube. The 3^rd defendant also issued a similar counter notification. The said counter notifications are without any basis. Hence, john doe suit against the defendants and unknown persons has been filed.

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4. After matter being pending for nearly two years. On

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12.07.2018, after constitution of Commercial Division under Commercial

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https://hcservices.ecourts.gov.in/hcservices/ Courts Act, the subject matter of the suit was determined as Commercial

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Dispute and the defendants were directed to file their written statement

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within 30 days time. However, none of the defendants filed written statement. The Learned Counsels who entered appearance on behalf of the defendants 1, 3, 5 & 7, withdrew their Vakalat and same was recorded in the subsequent hearings. Suit summons severed on the defendants during the month of June-2017. Under such circumstances, the right to file written statement was forfeited and the plaintiff was directed to marshal his witness. According, P.W.1, Mr.G.Murali, the Manager of the plaintiff firm entered into a witness box and had filed his proof affidavit in lieu of chief examination, along with 12 Exhibits.

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5. Heard the Learned Counsel for the plaintiff and documents marked as Ex.P.1 to Ex.P.12 perused.

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6. Ex.P.1 is an assignment agreement dated 03.01.2005 for the movie “Ghajini” entered between the plaintiff and M/s.Sri Saravanaa Creations (9^th defendant). This agreement was in respect of right of exploitation of the film for Commercial exhibition through theatres and D.V.D Rights, Audio Rights, ENTIRE OVERSEAS TERRITORIES except India. Subsequently, the parties entered into an additional agreement (Ex.P.2) dated 30.01.2005 assigning exclusive right for the same movie

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“Ghajini” for the entire world including India, the DVD, DTH, VFS rights, https://hcservices.ecourts.gov.in/hcservices/ Video on demand right of broadcasting through cable and any other media.

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

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A similar agreements (Ex.P.3 & Ex.P.4) dated 31.03.2005 and 20.04.2005

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was entered with Mr.K.K.Shekkar, the Producer of “Arithum Ariyamalum” by the plaintiff. On 23.05.2005 an assignment agreement (Ex.P.5) was entered between M/s.Dream Threatres for the film “Azhagai Irukkiirai Bayamani Irukkirathu” and the plaintiff. M/s.S.G.Films Private Ltd for the film “Pattiyal” an assignment agreements (Ex.P.6) & (Ex.P.7) dated 31.08.2005 and 25.09.2005 was entered with the plaintiff. On 03.12.2012 an assignment agreement (Ex.P.8) with M/s.Sivam Associates for the film “Ramcharan” and the Original Confirmation Letter for the movie Ramcharan in Tamil Dubbed Colour from Telugu movie Orange (love in fall) (Ex.P.9). In these agreements which are marked as Ex.P.1 to Ex.P.9, the terms of contract indicates that the respective producers have assigned the entire copyrights of their films to the plaintiff for exploitation through all modes. While so, on seeing the picture exhibited in the Youtube without their permission and license, the defendant has caused notice to Youtube the 2^nd defendant, to desist and withdraw the movies uploaded in their platform for which, the 2^nd defendant has replied through e-mail dated 13.12.2015 providing with counter notification. A similar reply from Youtube was received by the plaintiff from the 2^nd defendant indicating they have

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uploaded the movies for South Express and Alf Tamil, who are the exclusive https://hcservices.ecourts.gov.in/hcservices/ owners of the copyright. Hence, the present suit is filed for permanent

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injunction based on the assignment deeds.

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7. The Learned Counsel for the plaintiff submits that, the

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plaintiff holds valid assignment over the suit subject movies which has been duly assigned in favour of the plaintiff vide documents Ex.P.1 to Ex.P.9. While so, none of the defendants or other unknown persons have right to upload the movies without the plaintiff permission and consent.

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8. The documents relied by the plaintiff proves the assignment. The respective producers, though, originally entered appearance through Counsel, later withdrawn and they have not filed counter. In the said circumstances, the facts averred in the plaint stands undisputed. The documents Ex.P.1 to Ex.P.12 indicates that the plaintiff holds absolute copyright over the five cinematograph films and same being exploited by the defendants without any authority or authorisation amounts to infringement. Hence, the Suit is Allowed as prayed for. With costs.

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Sd./-G.J.J., 06.09.2021

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List of Witness examined on the side of the Plaintiff:- Mr.Murali (PW.1) List of Witness examined on the side of the Defendant :- Nil List of the Exhibits marked on the side of the Plaintiff:-

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

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Sl. Nos.	Exhibit s	Dated	Description of documents
1.	Ex.P.1	03.01.200 5	Ex.P1 is the Original of The Assignment agreement of the Film Ghajini dated 03.01.2005 between M/s.Sri Saravanaa Creations (9^th Defendant) and the Plaintiff.
2.	Ex.P.2	30.01.200 5	Original of The said additional agreement granting Internet rights in the Film Ghajini dated 30.01.2005, between the 9th Defendant and the Plaintiff.
3.	Ex.P.3	31.03.200 5	Original of the Assignment agreement of the film Arinthum Ariyamalum dated 31.03.2005 between is 10th Defendant namely M/s.S.G.Films Pvt. Ltd and the Plaintiff.
4.	Ex.P.4	20.04.202 0	Original of Additional assignment agreement of internet, VCD and DVD rights of the film Arinthum Ariyamalum dated 20.04.2020, between 10th Defendant M/s SG Films Pvt. Ltd and the Plaintiff.
5.	Ex.P.5	23.05.200 5	Original of Assignment agreement of the film Azhagai Irukkiirai Bayarnai dated 23.05.2005 between 11th Defendant, M/s Dream Theatres and the Plaintiff
6.	Ex.P.6	31.08.200 5	Original of the Assignment agreement of the film Pattiyal dated 31.08.2005 between is 10th Defendant namely M/s SG Films Pvt. Ltd and the Plaintiff.
7.	Ex.P.7	25.09.200 5	Original of Assignment agreement of internet rights in the film Pattiyal granted to the Plaintiff.
8.	Ex.P.8	03.12.201 2	Original of the Assignment agreement dated 03.12.2012 of the film Ramcharan between 12th Defendant, M/s.Sivam associates and the plaintiff.
9.	Ex.P.9	03.12.201 5	Original of Confirmation letter of the internet rights granted in the film Ramcharan issued by the 12th Defendant to the Plaintiff.
10.	Ex.P.10	13.12.201 5	Printout of Counter Notification sent by the 2nd Defendant to Plaintiff dated-13.12.2015.
https://hcservices.ecourts.gov.in/hcs	ervices/		(Ex.P10 is the Print out of Counter Notification for which Certificate Under section 65B of Indian Evidence Act,1872 filed.)

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11.

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Ex.P.11 17.12.201 Printout of Counter Notification sent by the 3rd 5 Defendant to Plaintiff dated-17.12.2015. (Ex.P11 is the Print out of Counter Notification for which Certificate Under section 65B of Indian Evidence Act,1872 filed.)

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Sd./-G.J.J., 06.09.2021

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//Certified to be true copy// Dated at Madras this the day of 2022.

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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/

R.Ayubkhan v. Lehren Networks Pvt.Ltd.

Case brief

What is this about?

What did the court decide?

R.Ayubkhan v. Lehren Networks Pvt.Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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