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2022 Supreme(Mad) 3687

SENTHILKUMAR RAMAMOORTHY
Five Star Films Pvt. Ltd. – Appellant
Versus
Thenandal Films, Rep. by its Proprietor Mr. Ramasamy Narayanan alias Murali – Respondent


Advocates Appeared:
For the Plaintiff : Mr. R. Sathish Kumar and Mr. K. Balaji.
For the Defendants : M/s. S. Karthikei Balan, Mr. P.V. Balasubramaniam for M/s.BFS Legal, Ms. Durga Bhatt.

JUDGMENT :

The suit was filed for injunctive relief and damages for the alleged infringement of the copyright in the movie “Moondru Mugam” by exhibiting the movie “Mersal”. The Plaintiff is a private limited company engaged, inter alia, in the production and distribution of Tamil movies. In the year 1982, the third Defendant produced the Tamil feature film titled “Moondru Mugam”. The said movie was a box office success. A proprietary concern named M/s Group Company, represented by its Proprietor, Mr. S. Kathiresan, entered into an Assignment Agreement on 02.08.2007(the Original Assignment Agreement) with the third Defendant for assignment of the copyright in the story of the movie “Moondru Mugam” to Mr. S. Kathiresan for purposes of remaking the movie in the Tamil language. The term of assignment was 99 years from the date of the said Agreement. Subsequent thereto, the Plaintiff obtained a no objection letter on 22.03.2014 from the third Defendant for dubbing the remade version of the movie “Moondru Mugam” in the Telugu language. According to the Plaintiff, Mr. S. Kathiresan tra

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