The court emphasized the importance of establishing a prima facie case, balance of convenience, and irreparable legal injury in granting interim injunctions in intellectual property disputes.

JUDGMENT

(Prayer: O.A.No.1149 of 2019 has been preferred under Order XIV Rule 8 read with Order XXXIX Rule 1 of Civil Procedure Code seeking to grant an order of adinterim injunction restraining respondents 1 and 2 / defendants by themselves, itself or through its men, servant, agents or any person claiming through or under the respondents 1 and 2 / defendants in any manner from releasing and/or screening or in any print media of the infringed film titled 'HERO' in any form or style on 20th December 2019 or any other date and to pass such further or other orders as this Court may deem fit and proper in the above facts and circumstances of the case. O.A.No.35 of 2020 has been preferred under Order XIV Rule 8 read with Order XXXIX Rule 1 of Civil Procedure Code seeking to grant an order of interim injunction restraining the respondents 1 and 2, their men, agents, subordinates, representatives, successors in office or anybody claiming through the respondents 1 and 2 from in any manner releasing the satellite or digital exhibition throughout the world in any of world languages in any way either by satellite, relay, online relay, digital relay of original, dubbing or any remake version of the movie titled 'Hero' and to pass such further or other orders as this Court may deem fit and proper in the above facts and circumstances of the case.

A.No.277 of 2020 has been preferred under Order XIV Rule 8 read with Order XXXIX Rule 1 of Civil Procedure Code seeking to grant an order of interim direction directing respondents 1 and 2, their men, agents, subordinates, representatives, successors in office or anybody claiming through respondents 1 and 2 from in any manner describing, depicting or displaying the name of respondent No.1 as story writer in the movie 'Hero' at all places either by way of theatrical exhibition, in satellite or digital exhibition throughout the world in any of world languages in any way either by satellite, relay, online relay, digital relay of original, dubbing or any remake version including the applicant's name Mr.Bosco Prabu as story writer in the movie titled 'Hero' and to pass such further or other orders as this Court may deem fit and proper in the facts and circumstances of the case.)

Common Order

1. This common order will dispose of these three applications.

2. Three applications on hand have been taken out by plaintiff in the main suit. There are three defendants in the main suit and defendants 1 to 3 are respondents 1 to 3 respectively in all three applications on hand. From hereon, parties in these applications will be referred to by their respective ranks in the main suit for the sake of convenience and clarity.

3. Instant lis pertains to a Tamil movie which goes by the title 'Hero' (hereinafter 'suit movie' for the sake of convenience and clarity) directed by first defendant and produced by second defendant. Central theme of the main suit is the script or in other words, the story used by defendants 1 and 2 for making suit movie. While plaintiff has laid the suit claiming that the script / story qua suit movie belongs to him absolutely, defendant No.1 contends that it belongs to him.

4. Third defendant is a registered society registered under the Tamil Nadu Societies Registration Act, 1975. There is no disputation or disagreement between parties that both plaintiff and first defendant are members of third defendant. Plaintiff registered a story / script captioned 'Vetri' with third defendant on 26.04.2017 vide plaint document No.4. Thereafter, more than 1-1/2 years later, first defendant registered a story / script under the caption 'Hero' (describing the caption as 'working title') with third defendant on 19.12.2018 vide plaint document No.11. It is the case of plaintiff that he gained knowledge about suit movie from the teaser and audio release of suit movie on 23.10.2019. It is the case of plaintiff that on gaining knowledge about suit movie, he realised that his story / script registered with third defen