KANUNGO MEDIA P LTD Vs. RGV FILM FACTORY

JUDGEMENT

(1.) The plaintiff has come to this Court with the present suit for permanent injunction, passing off, compensation and damages etc. [In the prayer clause, though, no relief for compensation and damages is claimed]. To put in nutshell, at the outset, the controversy is in respect of the film produced by the defendant No.1, M/s. RGV Film Factory, in which the defendant No.2, M/s. ADLABS also has stakes, with the proposed name 'Nishabd', which is slated for release on 2.3.2007. The plaintiff is aggrieved by the adoption of title 'Nishabd' by the defendants No.1 and 2 for their feature film. Defendant No.3, M/s. Super Cassette Industries, is sold the rights in the music and lyrics and for this reason the defendant No.3 is also roped in, in this suit.

(2.) The plaintiff claims its right over the said title on the ground that it has already produced a movie with the title 'Nisshabd', which has also won various awards and embracing of the same name by the defendants for their film is nothing but an illegal and mala fide attempt to usurp the plaintiff's right over the said title 'Nisshabd'.

(3.) FACTUAL NARRATION The factual matrix narrated by the plaintiff, as per the plaint, is that the plaintiff applied for and won the prestigious and highly coveted 'FONDS SUD CINEMA' grant, awarded by the French Government for the projection of its feature film 'Nisshabd', which was titled 'Nistadbd' at that time. With this grant of 'FONDS SUD CINEMA' the plaintiff roped in M/s. Artcam International, France, as co-producer of the feature film to satisfy one of the conditions laid down in the grant for funding of the film and production of this film commenced thereafter. It was re-christened as 'Nisshabd' as it suited the numerological and astrological wishes of those involved in the production of the movie and this name was also apt keeping in view the storyline of the film, which was based on the lead character's obsession with sound. Shooting of the movie began and completed within 40 days whereafter through the Western India Film Producers Association (WIFPA) the plaintiff applied for Central Board of Film Certification clearance on 8.6.2005. This certification was given on 17.6.2005 and the film produced by the plaintiff, thus, acquired the title 'Nisshabd'. Certification was for 'Unrestricted Public Exhibition' popularly known as 'U' rating, namely, it was fit for viewing by all audiences and age groups. The plaintiff further avers that though with the said certification he was entitled to release the movie for public viewing but it was not screened commercially due to paucity of funds. However, it participated in various film festivals and won many awards, details whereof are as under:- <FRM>JUDGEMENT_282_ILRDLH16_2007Html1.htm</FRM>