MANMOHAN SINGH
SHOLAY MEDIA AND ENTERTAINMENT PVT. LTD – Appellant
Versus
PARAG SANGHAVI – Respondent
MANMOHAN SINGH, J.
1. The plaintiffs have filed the present suit for permanent injunction restraining infringement of registered trademarks, infringement of copyright, passing off, rendition of accounts, damages and delivery up etc against the defendants.
2. The plaintiffs are private limited companies engaged in the business of producing, exhibiting and distributing cinematograph films.
3. The plaintiffs are the copyright owners and administer all intellectual property in respect of 32 cinematograph films, including the iconic and eternal hit film "SHOLAY". The other hits in the Sippy repertoire of films include films such as ‘Johar Mehmood in Goa', Bhramachari', Bandhan', Andaz', `Seeta Aur Geeta', `Shaan', ‘Saagar, Patthar Ke Phool', Sheshensha Hameshaa' etc.
4. The history of the plaintiffs companies and devolution of rights in the film is summarized herein below;
a) 26th November, 1954: Plaintiff No.2 was incorporated under the leadership of the late Mr. G.P. Sippy to produce and handle distribution of cinematograph films. Certificate of Incorporation and Memora
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