Advocates:
['M/S A K RAJARAMAN', '', 'S RAJAGURU', 'SMITHA GOPINATH-K', 'R CHANDRASUDAN', 'M/s Vijayan Subramanian']

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION)

TUESDAY, THE 22ND DAY OF MARCH 2022

THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY

O.A.No. 138 of 2022

in

C.S(Comm Div)No. 46 of 2022

1. Mr J. Jayakrishnan,

Proprietor – J K Creations

No.19, Vellaiyan Street,

Kotturpuram,

Chennai – 600 085.

2. M/s E5 Entertainments India Private Ltd.,

Represented by its Director Mr. J. Jayakrishnan,

No.19, Vellaiyan Street,

Kotturpuram,

Chennai – 600 085.

... Applicants / Plaintiffs

-Vs-

1. Bayview Projects Limited Liability Partnership

Represented by its Director Mr. Boney Surinder Kapoor

Bunglow No.18, Arjun Bunglow,

Magnum Towers, Near State Bank of Jaipur,

BHD Lokhandwala,

Andheri (W), Mumbai – 400 053.

2. Zee Entertainment Enterprises Limited

18^th Floor, 'A' wing,

Marathon Futurex,

NM Joshi Marg,

Lower Parel,

Mumbai,

Mumbai City – 400 013.

https://hcservices.ecourts.gov.in/hcservices/

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3. H. Vinoth,

G-Studios,

Thirukkottaram,

No.12/22, Gilcrist Avenue,

Harrington Road,

Chethpet,

Chennai – 600 031.

... Respondents / Defendants

Original Application praying that this Hon'ble Court be pleased to

grant an order of ad-interim injunction restraining the Respondents 1 to 3

from infringing the cinematographic film “METRO” by themselves, their

partners / proprietor / directors, heirs, representatives, successors in

business, assigns, distributors, agents, servants or anyone claiming through

them or under them from infringing the Applicant's copyrighted

cinematographic film “METRO” by reproducing, content network

Distribution or transmitting, communicate or make available or distributing

or duplicating or displaying or releasing or showing or uploading or

downloading or exhibiting in OTT platform / television broadcast, satellite

television / website broadcast in any manner whatsoever in the name of

cinematographic film “VALIMAI” or in any other name in any language in

the nature of violating / infringing the Applicant's copyrighted

cinematographic film “METRO” .

https://hcservices.ecourts.gov.in/hcservices/

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This Original Application coming on this day before this court for

hearing in the presence of Mr.AR.L.Sundaresan, Senior Advocate For

Mr.R.Chandrasudan, Advocates for the Applicants herein and

Mr.P.S.Raman, Senior Advocate For M/s. Sanjay Ramaswami, Advocates

for the 1^st respondent herein and Mr.Satish Parasaran, Senior Advocate, For

M/s. Vijayan Subramanian, Advocate for the 3^rd Respondent herein and and

the Judges Summons and the affidavit of Mr.J.Jayakrishnan, filed herein

and the Counter Affidavit of 1^st and 3^rd respondent filed herein, and The

Court made the following order :-

The producer of the Tamil movie 'METRO' and the director thereof

are the applicants. They seek to restrain the co-producers of the Tamil

movie 'VALIMAI' and the director thereof from infringing their copyright in

the cinematographic film 'METRO' by broadcasting the film 'VALIMAI' on

OTT platforms and television, including satellite television.

2. According to the applicants, the movie 'VALIMAI' is a substantial

copy of the movie 'METRO'. In order to substantiate this allegation, the

applicants rely upon paragraph 12 of the plaint, wherein a comparison has

been made between the two movies. Such comparison is made under

various headings such as family backdrop, character sketch of younger

brother, character sketch of mother, portraits of some villains, etc.

https://hcservices.ecourts.gov.in/hcservices/

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Paragraph 19 of the plaint, wherein scenes from the two movies are set out

to highlight the similarity, is also relied upon. The applicants also rely upon

tweets and YouTube posts. In addition, reviews of the movie 'VALIMAI'

are referred to.

3. On such basis, the applicants assert that a substantial number of

social media users and reviewers, who watched both the movies in question,

arrived at the conclusion that ther