Dismissed

M/S Indo Overseas Films Rep.by v. Jarden Electronics Rep.by Its

Madras HC7 Sept 2021CS/490/2003

Case brief

AI extract

What is this about?

In this suit for copyright declaration and permanent injunction, the single judge held that the plaintiff's copyright right and the exclusive license periods under relevant agreements had expired over 18 years ago. Consequently, the court found no case for the plaintiff and dismissed the suit under Order XIII-A Rule 3 of the CPC.

What did the court decide?

The suit filed for declaration of copyright rights and permanent injunction is dismissed.

M/S Indo Overseas Films Rep.by Vs Jarden Electronics… — Intellectual Property | Madras HC (2021)

¶1

C.S.No.490 of 2003

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 07.09.2021

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

¶6

C.S.No.490 of 2003

¶7

M/s.Indo Overseas Films, Rep. By its Partner Firoz Elias, No.3, 2^nd Floor, Arumugha Street, Mount Road, Chennai – 600 002. ...Plaintiff Vs. 1.Jorden Electronics, Rep. By its Authorised Signatory, Niel Gaagan Goel, No.257, Palika Bazar, Connaught Place, New Delhi.

¶8

2.Star Entertainment (P) Ltd., No.701-A, Niranjan,

¶9

99, Marine Drive, Mumbai – 400 002.

¶10

3.Ultra Distributors (P) Ltd., 2-C, Thakkar Ind. Estate, N.M.Joshi Marg, Lower Parel (E), Mumbai – 400 011. ...Defendants

¶11

Prayer: Plaint filed under Section 55, 60 and 62 of the Indian Copyright Act, 1955, r/w. Order IV Rules 1 & 2 of the Original Side Rules, praying as follows:-

¶12

a) for a declaration that the plaintiff are the sole, exclusive and absolute owners of the limited copy right in respect of Video, VCD, DVD, Cable TV, Pay TV and Free TV rights, etc., of the suit pictures mentioned in

¶13

1/5

¶14

http://www.judis.nic.in

¶15

C.S.No.490 of 2003

¶16

the schedule to the plaint for the territories of entire India for a period of seven years;

¶17

ii) for a permanent injunction restraining the Defendant, their agents, servants, representatives, or anybody claiming through or under them from in any manner infringing the limited copy right of the Plaintiff in respect of Video, VCD, DVD, Cable TV, Pay TV and Free TV rights, etc., of the suit pictures mentioned in the schedule to the plaint either by causing any publications in Newspapers, Magazines etc., or in any other manner whatsoever;

¶18

Heard Mr.A.Chidambaram, learned counsel appearing for the plaintiff and Mr.K.Harishankar, learned counsel appearing for the

¶19

defendants 1 and 2. 3^rd defendant though served, has not chosen to appear either in person or through counsel, duly instructed. The 1^st prayer in the

¶20

plaint reads as follows:-

¶21

“a) for a declaration that the plaintiff are the sole, exclusive and absolute owners of the limited copy right in respect of Video, VCD, DVD, Cable TV, Pay TV and Free TV rights, etc.,

¶22

2/5

¶23

http://www.judis.nic.in

¶24

C.S.No.490 of 2003

¶25

of the suit pictures mentioned in the schedule to the plaint for

¶26

the territories of entire India “ for a period of seven years ”.”

¶27

3.The suit was filed in the year 2003. Almost 18 years have lapsed. The plaintiff's right itself has expired. Similarly, the 2^nd defendant claims right under two agreements dated 31.01.2003 and 23.04.2001. Under the agreement dated 31.01.2003, the 2^nd defendant is entitled to exploit the pictures for a period of five years i.e., till 28.02.2008. As per the agreement dated 23.04.2001, the 2^nd defendant is entitled to exploit the picture till 22.04.2011. Admittedly, the period contemplated under those two agreements have expired. Therefore, nothing survives in the suit and there is no chance of success for the plaintiff. Hence, this suit is dismissed under Order XIII-A Rule 3 of the Code of Civil Procedure as amended by the Commercial Courts Act, 2015. No costs.

¶28

07.09.2021

¶29

kkn Internet:Yes/No Index:Yes/No Speaking/Non-speaking

¶30

3/5

¶31

http://www.judis.nic.in

¶32

C.S.No.490 of 2003

¶33

List of witness and documents filed on the side of the plaintiff:

¶34

Nil

¶35

List of witness and documents filed on the side of the defendants:

¶36

Nil
07.09.2021
kkn

¶37

4/5

¶38

http://www.judis.nic.in

¶39

C.S.No.490 of 2003

¶40

R.SUBRAMANIAN, J.

¶41

KKN

¶42

C.S.No.490 of 2003
07.09.2021

¶43

5/5

¶44

http://www.judis.nic.in

M/S Indo Overseas Films Rep.by v. Jarden Electronics Rep.by Its

Case brief

What is this about?

What did the court decide?

M/S Indo Overseas Films Rep.by v. Jarden Electronics Rep.by Its

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S.N.Ranga Rao and Sons Vs Koyas Perfumery Works

.L.G.Varadarajulu Vs Minit Engineers (I) P.Ltd.

Vs

Agrigold Foods and Farms Vs M/S.Hiluck Polyesters Pvt. Ltd.

M.M.Sheik Dawood Vs M/S.Goel International Pvt. Ltd.

Raj Television Network Limited Vs Sun Tv Network Limited and 3 others