MATHEWS T.PALAMMOOTTIL Vs. JINU VARGHESE ABRAHAM

JUDGEMENT

(1.) Temporary order of injunction passed against defendants 1 to 3 in I.A.No.1/2020 in O.S.No.25/2020 on the file of Additional District Judge-V, Ernakulam, is challenged in this appeal by the first defendant.

(2.) The appellant is an Assistant Director of a Malayalam Movie titled 'Kaduvakunnel Kuruvachan' which is under production. Defendants 2 and 3 respectively are the script writer and producer of the Film. The plaintiff who is the respondent herein is also a film script writer. A malayalam movie by name 'Kaduva', based on a script written by him is also under production. The main character in both the films is 'Kaduvakunnel Kuruvachan'. The respondent claimed copy right to the name as well as the character traits of Kaduvakunnel Kuruvachan contending that the character is his creation and sought to restrain the defendants in the suit from copying the name of the said character and the character traits in their movie and advertising the character in any electric or print media until disposal of the suit. The interim order issued by the court below on 19.8.2020 restrained the appellant and other defendants not only from copying the name and features of the main character in the movie of respondent but also copying the sequence of events in the respondent's script. Being aggrieved by the order, the first defendant alone has filed this appeal.

(3.) The respondent's case is that during 2017, he had occasion to hear about the story of a bold planter who lived in Pala which is part of Central Travancore in Kerala and fought against a tyrannical IPS Officer. It was actually an incident which happened in Pala. The bold planter who is 'Kaduvakunnel Kuruvachan' is an extraordinary person with several characteristic attributes. He has a defying appearance and is rebellious also. The story centers around an issue which he had with the IPS Officer after the family of the officer having presented a bugle to a local church. The priest of the church took the musical instrument to be a personal gift to him. Kaduvakunnel Kuruvachan questioned the action of the priest and claimed it to belong to the church. The instrument being a gift given by the family of IPS Officer, he intervened in the matter and following this, Sri.Kuruvachan and the IPS officer came face to face which led to several incidents. Criminal cases were initiated against Sri.Kuruvachan and the petty issue rose to exciting heights. According to the respondent, Sri.Kuruvachan has got peculiar physical attributes also. He used to hold a cigar and wear cross and used to travel in jeep.