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IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON

: 28.06.2023

PRONOUNCED ON

: 09.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR

C.S.No.153 of 2021

Suki Sivam

... Applicant/Plaintiff

vs

1.You Tube

Google LLC,

1600 Amphitheatre Parkway,

Mountain view,

C.A.94043, United States.

E.mail: Support-in@ google.com

2.WhatsApp INC,

1601, Willow Road,

Menlo Park,

California, U.S.A.

3. Facebook India Online Services private Ltd.,

Unit Nos.1203 and 1204,

Level 12, Building No.20,

Cyberabad, Madhapur,

Raheja Mindspace,

Hi-Tech City

Hyderabad – 500 081.

4.Meta Platforms Inc.,

1601, Willow Road, Menlo Park,

C.A.94052, United States.

(4^th defendant impleaded as per order dated

01.12.2021 in A.No4401 of 2021)

... Defendants/Respondents

https://www.mhc.tn.gov.in/judis

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Prayer: Civil Suit is filed under Order IV Rule 1 of Original Side Rules

with Sections 55 and 62 of the Copy Right Act, 1957 and Section 7 of

Commercial Court, Commercial Division and Commercial Appellate

Division of the High Courts Act, 2016, praying to,

(a) Granting a permanent injunction restraining the defendants 1 to

3, their servants, agents, partners, employees, assignees, distributors,

lincensees and dealers from infringing, exploiting, uploading in their

respective Social Media Channel, any of the Plaintiff's audio-visual works

more specifically described in the Annexure “A” to the plaint, unless it is

uploaded by the plaintiff or anyone authorised by the plaintiff in writing

to do so;

(b) Granting a permanent injunction restraining the defendants 4,

represented by John Doe/s @ Ashok Kumar/s, being unknown and

undisclosed persons, their servants, agents, partners, employees,

assignees, distributors, licensees and dealers from infringing, exploiting,

https://www.mhc.tn.gov.in/judis

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uploading in defendants 1 to 3 or on any other social media and in any

other electronic media, the plaintiff's audio-visual works more specifically

described in the Annexure “A” to the plaint, except under a written

authority from the plaintiff authorising them to do so;

(c) Pass such other order or orders as this Court may deem fit in

the circumstances of the case.

For Plaintiff

: Mr.K.Ravi

Senior Advocate

foor M/s.Rugan and Arya

For Respondents

:Mr.G.Balasubramanian

for M/s.Leela and Company

for D1

Mr.Tejas Karia

Mr.Sheshank

Mr.Allwin Godwin

Ms.Shivika Sing for D2

Ms.Swathi Agarwal

Mr.Akhil Shandilya

Ms.Vani Kanshik

Ms.Akhila for D3

Mr.Varun Pathak

Mr.Shyamal Anand

Mr.Thejesh Rajendran

Ms.Niranjana Pandian for D4

J U D G M E N T

https://www.mhc.tn.gov.in/judis

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The present suit has been laid seeking permanent

injunction restraining the defendants 1 to 3 from infringing, exploiting,

uploading any of the plaintiff's audio-visual works more fully described in

the annexure “A” to the plaint unless it is uploaded by the plaintiff or any

person authorized by the plaintiff in writing. The plaintiff also seeks an

injunction restraining the 4^th defendant represented by John Doe/s @

Ashok Kumar/s (now deleted and replaced by Meta Platforms

International) from infringing exploiting, uploading the plaintiff's audio-

visual more fully described in Annexure “A” to the plaint except under

written authority from the plaintiff.

2. According to the plaintiff, he is an eminent speaker

and has millions of fans all over the world. He authored several books

and also has given speeches in Tamil, on variety of subjects. He has

addressed hundreds of public meetings and most of his speeches have

been video graphed, the same were marketed under the banner “OM

Audios” by the plaintiff. A list of such speeches made by the plaintiff is

enclosed along with the plaint as Annexure “A”.

https://www.mhc.tn.gov.in/judis

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2.2. The plaintiff started a concern under the name and

title of “Sukisivam Expressions”. The plaintiff's daughter is the sole

pr