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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, K.GOVINDARAJAN THILAKAVADI
Tamanna Santhosh Bhatia – Appellant
Versus
Power Soaps Limited – Respondent
| Table of Content |
|---|
| 1. unauthorized post-contract image use breaches personality rights. (Para 2 , 3 , 4) |
| 2. defendant denies liability; blames third-party infringers. (Para 5) |
| 3. appellant argues continued breach; respondents deny responsibility. (Para 8 , 9 , 10 , 11) |
| 4. plaintiff bears burden to prove breach and nexus. (Para 13 , 14 , 15 , 16) |
| 5. evidence unreliable; claim fails for lack of proof. (Para 18 , 19 , 20) |
JUDGMENT :
K. GOVINDARAJAN THILAKAVADI, J.
1. The Original Side Appeal is filed challengin the order 07.04.2017 passed by the learned Single Judge in C.S.No.284 of 2011.
2. The above suit has been filed by the plaintiff seeking a judgment and decree directing the defendants to pay a sum of Rs.1,00,00,000/- (Rupees One Crore only) towards damages for unauthorized use and exploitation of the plaintiff’s image, reputation and personality rights, and for a consequential relief of permanent injunction restraining the defendants from in any manner using the plaintiff’s photographs, videos or likeness for commercial purposes.
3. For the sake of convenience, the parties herein are referred to as arrayed in suit.
4. The sum and substance of the case of the appellant/Plaintiff is that, the
Plaintiff must prove concrete evidence of defendant's unauthorized post-contract image use and nexus; weak evidence fails claim for damages.
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