This suit for copyright infringement and injunctions was dismissed as settled out of Court upon the filing of a settlement memo by the plaintiff's counsel on 12.03.2021. The connected original application was also closed.
Suit dismissed as settled out of Court. Cost order reserved. Connected original application closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 15.03.2021
CORAM:
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
C.S.No.554 of 2002
and
O.A.No.544 of 2002
M/s.Tetco International
rep. by its Power Agent K.Udhayakumar
B-18, Hindu Colony,
Nanganallur, Chennai – 61. .. Plaintiff
/versus/
1.M/s.Thiruvathira Films,
Rep.by its Prop.Mr.Alleppey Ashraf
“Ashraf Manzil” Sea-View Ward,
Alleppey, Kerala – 688102.
2.Prasad Film Laboratories,
Rep.by its Manager,
New No.58, Old No.22,
Arunachalam Road, Saligramam,
Chennai – 600 093.
3.Dharsana Kendra Private Ltd,
Rep.by its Managing Director,
Mr.Sreesan Adiyat,
Adiyat Building, Kotapuram,
Trichur – 680 004.
.. Defendants
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This Civil Suit is filed under Section 55 and 62 of the Indian Copyright Act, 1957 read with Order IV Rule 1 and 2 of the Original Side Rules, prayed for a Judgment and Decree against the defendant:-
1.for declaration that the plaintiff is the sole and exclusive licensee of the (a) Video rights, Video CD, LD, DVD Rights, Satellite Rights and Terrestrial T.V Rights for entire world including Doordarshan Telecast rights in India; and (b) Theatrical Rights for entire overseas territories excluding India for a period of 99 years from the date of general release in respect of the feature film “www.anukudumbam.com” in Malayalam starring Jagadish and others and directed by O.S.Girish in terms of the agreement dated 03.11.2001;
2.Permanent injunction restraining the first and third defendants, their men, agents or servants or any one claiming through, by or under them from in any manner infringing the plaintiff's copyrights in respect of the feature film “www.anukudumbam.com” in Malayalam starring Jagadish and others and directed by O.S.Girish covered under the agreement dated 03.11.2001 including the Sattelite T.V rights for the entire world and Doordarshan T.V rights in India;
3.Mandatory injunction directing the third defendant to hand over the picture and sound negatives of the feature film “www.anukudumbam.com” in Malayalam starring Jagadish and others and directed by O.S.Girish to the second defendant to enable the plaintiff to obtain Beta master cassette for exploitation of the Satellite T.V rights and all other rights provided under the agreement dated 03.11.2001;
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4.Directing the defendants to pay the costs of the suit.
For Plaintiff : Mr.C.Seethapathy For D1 : Mr.C.Rajan For D2 : Mr.R.Sarguna Raj JUDGMENT The learned counsel for the plaintiff had filed a memo dated 12.03.2021 indicating that the issues stated in the plaint had been settled by the parties.
2.In view of the said memo dated 12.03.2021, which had been signed by the learned counsel for the plaintiff, the suit is dismissed as settled out of Court. No order as to costs. Consequently, connected original application is closed. The memo filed by the learned counsel for the plaintiff shall form part of the decree. 15.03.2021
smv
Internet : Yes / No Index : Yes / No
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C.V.KARTHIKEYAN,J. smv
C.S.No.554 of 2002
15.03.2021
2 provisions across 2 enactments
M/s.Thiruvathira Films
Prasad Film Laboratories
Dharsana Kendra Private Ltd
C.V.KARTHIKEYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
