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2011 Supreme(Mad) 4835

R.BANUMATHI, R.MALA
Kajal Aggarwal – Appellant
Versus
Managing Director, M/S. V. V. D. And Sons P. Ltd. – Respondent


Advocates Appeared:
V.Manohar, P.V.S.Giridhar, P.V.S.Giridhar

JUDGMENT

R.BANUMATHI, J.

( 1. ) BEING aggrieved by refusal to grant interim injunction restraining the respondent from using the profile of appellant in the cinematograph film, audio, video cassettes and C.Ds in promoting the product of the respondent, the plaintiff has preferred this appeal.

( 2. ) CASE of appellant/plaintiff is that she is an actress having good number of fans and the appellant agreed to endorse the products of the respondent/defendant. CASE of appellant/plaintiff is that the respondent approached the appellant for promoting their products of hair oil and coconut oil through various mediums of advertisements like film, Television, magazines, hoarding, etc.. The parties have entered into an agreement dated 29.12.2008. As per the terms and conditions of the said agreement, the appellant agreed to be a model for promoting the objects of the respondent in mass media such as press, hoarding, package material etc. As per the terms, the said agreement is valid for a period of one year. CASE of appellant is that the agreement entered with the respondent expired in December 2009 itself and thereafter the respondent has no manner of right to use the videos, photographs, print




























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