O.A.No.729 of 2022

in C.S.(Comm.Div)No.225 of 2022

O.A.No.729 of 2022

in

C.S.(Comm.Div.) No.225 of 2022

M.SUNDAR.J.,

The parties in this application are referred to by their respective

ranks in the main suit for the sake of convenience and clarity. The applicant

in this application is the lone plaintiff in the main suit and 4 respondents

herein are defendants 34 to 37 in the main suit.

2. Plaintiff has taken out this application claiming that the

cinematographic film with title 'Rocket Gang' in Hindi language, starring

Aditya Seal, Nikita Dutta and others, directed by Bosco Martis (hereinafter

'suit movie' for brevity) is an upcoming Hindi movie and that the producer

has invested substantial sums of money in the production of suit movie. It

has been averred that the suit movie is scheduled to be released in more than

3000 screens worldwide including Chennai.

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O.A.No.729 of 2022

in C.S.(Comm.Div)No.225 of 2022

3. It is the further submission of the plaintiff that Trailer/teaser for

promotion of the suit movie has been released to the general public and the

official trailer was released on YouTube.

4. It has also been averred by the plaintiff that the suit movie has

been released on 11.11.2022.

5. The plaintiff asserts that it has Exploitation rights as plaintiff is

producer of suit movie. To buttress this, attention of this Commercial

Division is drawn to certificate dated 09.11.2022 issued by 'Central Board

of Film Certification' ('CBFC' for brevity) {plaint document No.2}.

6. As mentioned supra the 4 respondents herein are defendants 34

to 37 in the main suit. It is averred that there is imminent threat of

infringement of copyright in the suit movie by defendants 34 to 37 who are

respondents herein.

7. I have examined the aspects of the prima facie case, balance of

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O.A.No.729 of 2022

in C.S.(Comm.Div)No.225 of 2022

convenience and irreparable legal injury incapable of compensation which

are necessary parameters for grant of injunction in a case of this nature. As

regards prima facie case, there is no difficulty in accepting that the plaintiff

has made out a prima facie case that it is the owner of Copyright in the suit

Movie in view of Certificate dated 09.11.2022 issued by CBFC which has

been placed before me as plaint document No.2. In terms of balance of

convenience, if this interim order is not granted now, it can result in alleged

piracy being completed in all and every aspect of the matter. Thereafter, it

will lead to an irreversible situation and therefore, irreparable legal injury

incapable of compensation parameter has also been prima facie satisfied.

8. If notice is ordered in this application, it will entail delay and

therefore, as mentioned supra, in the light of the fact that the suit movie has

been released on 11.11.2022 (theatrical release), viewed in the light of

submissions of learned counsel for plaintiff that some pirated versions are

already surfacing in the internet, if the possible piracy is completed in all

and every aspect of the matter, the very object of grant of this interim order

can be defeated. In other words, I record this as reason for granting interim

order before giving notice to respondents.

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O.A.No.729 of 2022

in C.S.(Comm.Div)No.225 of 2022

9. Therefore, there shall be an order of interim injunction

restraining respondents 1 to 4/defendants 34 to 37 and any other person or

entity infringing the cinematographic film 'Rocket Gang' (suit movie) by

themselves, their partners/proprietor/director, heirs, representatives,

successors in business, assigns, distributors, agents, servants or any one

claiming through them or under them from infringing the applicant's

copyrighted cinematographic film 'Rocket Gang' (suit movie) by copying

recording, reproducing or allowing camcording or allowin