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1994 Supreme(Mad) 215

S.M.ALI MOHAMED, MISHRA
T. Pandiyan Arivali – Appellant
Versus
Kamal Hassan – Respondent


Advocates Appeared:
For the Appellant:S. Thiruvenkatasamy & N. Jothi, Advocate
For the Respondent:K. Ravi, Advocate.

Judgment :-

MISHRA, J.

1. Heard. Appellant herein has filed a suit claiming copyright in the title of a book “Magalir Mattum” in Tamil which he has got registered with the Registrar of Copyrights. According to him, the book is yet to be published. He has acquired the copyright for the title of the work by virtue of the said registration. He has found, however, that the respondent herein has come forward with an advertisement that he has proceeded to produce a film (movie) in the name of “ Magalir Mattum ”. This, according to the plaintiff-appellant is an infringement of his copyright and that has given rise to an action in Court for a permanent injunction. He has filed a petition for temporary injunction pending the suit. The said petition has been dismissed (Reported in 1994-2-L.W. 535). He has come forward with this appeal.

2. The respondent is yet to file his written statement. He has entered appearance in the suit and contested the claim of the plaintiff-appellant for injunction of the ground that the appellant has not yet published the book and thus, the book is neither known to the respondent; nor the contents thereof. According to him, the appellant cannot claim any copyright





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