IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 24.06.2024 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN C.S.(Comm.Div).No.739 of 2018 ---

A.M.Gopalan, Trading as Sree Gokulam Movies, No.66, Old No.356, Arcot Road, Kodambakkam, Chennai-600 024 Represented by Power Agent Mr.V.C.Praveen .. Plaintiff Vs.

Eros International Media Limited, 9^th Floor, Supreme Chambers, Off Veer Desai Road, Mumbai-400 053.

.. Defendant Plaint filed under Order 4 Rule 1 of the Original Side Rules of Madras High Court, and Order 7 Rule 1 of the Code of Civil Procedure (i.e. CPC), read with Sections 51, 55 and 62 of the Copyright Act, 1957 and the Copyright (Amendment) Act, 2012, and the plaint numbered as C.S.(Comm.Div).No.739 of

2018, praying for the grant of judgment and decree as follows:

(i) a permanent injunction restraining the defendants, their Directors, Successors, servants, agents, employees, programmers, subordinates, assigns, representatives, distributors, stockists, dealers and all other persons claiming through or under them or howsoever otherwise, from directly or indirectly in any manner from committing acts of passing-off and enabling others to pass off the plaintiff's title with respect to the movie 'Kayamkulam Kochunni" by displaying such works on the defendant's web-site or other social media platforms, or from in any manner claiming that the impugned movie originates from them, or in any other manner whatsoever;

(ii) a permanent injunction restraining the defendants, jointly and severally, their Directors, Successors, servants, agents, employees, programmers, subordinates, assigns, representatives, distributors, stockists, dealers and all other persons claiming through or under them or howsoever otherwise, from directly or indirectly in any manner copying, re-producing, adapting, putting up for public display, or in any manner infringing the plaintiff's copyrighted work in the promotional material, trailers, or music videos, clips, or any portion or the entirety of the movie "Kayamkulam Kochunni" or in any other manner whatsoever;

(iii) a preliminary decree to be passed in favour of the plaintiff directing the defendants to render account of profits made by use of the plaintiff's copyrighted work with respect to the movie "Kayamkulam Kochunni" or and a final decree be passed in favour of the plaintiffs for the amount of profits thus found to have been made by the defendants, after the latter have rendered accounts'

(iv) the defendant be ordered to pay the plaintiff a sum of Rs.5,00,00,000/- (Rupees five crores) as damages for the wrongful and illegal activities amounting to the unauthorised use and infringement of the plaintiff's copyrighted works with respect to the movie "Kayamkulam Kochunni";

(v) the defendant be ordered to pay to the plaintiff a sum of Rs.2,00,00,000- (Rupees two crores) being the amount spent on marketing the film with defendant's banner; and (vi) for costs.

For plaintiff : Mr.Arun C. Mohan For defendant : Mr.Akshay Patil JUDGMENT The plaintiff has filed the present suit for permanent injunction, for passing-off and infringement of copyright and other allied reliefs.

2. The averments made in the plaint, are as under:

(a) The plaintiff is a leading Malayalam film production and distribution entity, in Chennai. The plaintiff is under the leadership and direction of Mr.Gokulam Gopalan, a renowned and respected producer in the Malayalam film fraternity. The plaintiff-Company has produced several successful Malayalam movies and acquired/established as a key player in the movie industry. (b) The defendant is a film production company established in Mumbai in the year 1994. In August 2017, the plaintiff started production on a Malayalam movie titled "Kayamkulam Kochunni" and the said movie is a period film, directed by Rosshan Andrrews and written by the iconic duo Bobby and Sanjay. The plot of the movie revolves around the life of Kayamakulam Kochunni, a famed highwayman who robbed from the rich and gave to the poor during t