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2015 Supreme(Mad) 2401

VIMALA
Asianet Communications (P) Ltd. – Appellant
Versus
Surya T. V. A Unit of Sumangali Publications (P) Ltd. – Respondent


Advocates Appeared:
M/s. Perumbulavil Radhakrishnan
Mr. Y.Anil Kumar

JUDGMENT

The plaintiff, a company, dissipating information and providing Public entertainment, predominantly in Malayalam, on the Malayalam channel called 'Asianet channel', has filed the suit for injunction, against the defendants / others, restraining them from infringing the plaintiff's copyright in respect of exclusive satellite television telecast rights of the Malayalam feature film 'Kattukuthira', either by reproduction or by broadcasting or in any other way; (b) directing the defendants to pay a sum of Rs.5 lakhs as damages.

2. The claim of the plaintiff is that the plaintiff acquired the rights for the satellite telecast of the Malayalam film from the right holder Mr.S.Venkatesan, the second defendant, by virtue of the agreement, dated 24.12.1994 (Ex.P1), who in turn is stated to have acquired the rights from one M/s. Pratheeksha Pictures by virtue of the letter, dated 09.12.1994 (Ex.P4)

2.1. According to the plaintiff, the second defendant has transferred the ''negative rights'' of the film Kattukuthira to him and the plaintiff has the exclusive right to transmit, retransmit, broadcast, rebroadcast, simulcast, either through direct broadcast satellite or point-to-point broa
























































































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