STAR INDIA PVT LTD Vs. AFILMYWAP

JUDGEMENT

(1.) The plaintiffs have filed the instant suit for injunction and damages on the ground that their exclusive rights to the original content in the cinematograph film "Laxmii" (formerly known as Laxmi Bomb) are likely to be violated.

(2.) According to the plaintiffs, release of the film "Laxmii" has been postponed multiple times due to Covid-19 pandemic in India and was finally released on 9/11/2020 on Disney+ Hotstar. Film has been coCS( produced by the plaintiffs, Cape of Good Films LLP (defendant No. 51), Tusshar Entertainment House and Shabinaa Entertainment. However, the Intellectual Property Rights in the film are jointly held only by the plaintiffs and defendant No. 51. Consequently, defendant No. 51 and plaintiffs have the exclusive rights as enumerated under Sec. 14(d) of the Copyright Act, 1957Act.

(3.) He has further submitted that the rogue websites, which are arrayed as defendant Nos. 1 to 50, have, in the past, infringed their statutory rights i.e. copyrights in the cinematograph films produced on earlier occasions. The past infringements have been tabulated by the plaintiffs at page 177 of the plaintiffs' documents folder. The various 'exclusive rights' that, inter alia, would be deemed to have been infringed/violated by the defendant Nos. 1 to 50 are: