SIVAJI PRODUCTIONS Vs. SYMPHONY HOME VIDEOS

JUDGEMENT

(1.) The suit is filed for a Permanent Injunction restraining the defendant, from in any manner infringing the copyright of the plaintiff viz., Indian VCD and/or DVD rights, over the Tamil feature film "Aasal", in any manner whatsoever; and for a Mandatory Injunction directing the defendant to deliver and handover to the plaintiff all the infringing VCDs and DVDs of the Tamil feature film "Aasal".

(2.) Brief facts of the plaintiff's case are as follows :-

(3.) The plaintiff assigned the exclusive World Satellite Television Broadcasting rights, Terrestrial Television broadcasting rights etc., to Ayangaran International Media Private Limited, Chennai, under a Memorandum of Understanding dated 28.04.2009, while retaining the Indian VCD and DVD exploitation rights. Subsequently, under an agreement dated 22.01.2010, the said Ayangaran International Media Private Limited assigned the exclusive World Satellite Television Broadcasting rights, Terrestrial Broadcasting rights etc. of the said film to Sun TV Network Limited. On the same day, a tri-partite agreement was entered into between the plaintiff, Ayangaran International Media Private Limited and Sun TV Network Limited and while recording the above facts, the plaintiff undertook not to exploit the rights retained by it viz., Indian VCD and DVD rights of the said feature film till completion of one year from the date of first telecast of the film by Sun TV Network Limited. The film was released on 05.02.2010. However, the Sun TV Network Limited has not telecast the film under the above referred agreement dated 22.01.2010 till the date of filing of the suit.