A.P. SURYAPRAKASAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The suit has been filed praying for an injunction restraining the respondents permanently from passing off of the title for a motion film, 'MERRASALAITAN' with 'MERSAL'. Interalia ad interim relief is sought of the same nature as the main relief.

(2.) The applicant is a film producer claiming to be active in the industry for over a decade. He claims proprietary right over the title 'MERRASALAITAN' on the ground that the title had been registered with the Tamil Nadu Film Producers Council (hereinafter referred to as 'TNFPC'), having obtained a no objection in this regard from M/s.Green Apple Pictures that had earlier registered the title 'NAAN MERRASALAITAIN'.

(3.) It thus came to be that the title 'MERRASALAITAN' was registered by the applicant with the TNFPC as early as in 2014. The registration is being renewed year on year. As a follow through to this, the applicant would claim to have entered into agreements with various artists, musicians, editor, designer, design and publicity personnel, lyric writer, dialogue writer, production manager and other persons between August 2014 and January 2016 and to have paid them advances for their services ranging from Rs. 5.00 lakhs to Rs. 12.00 lakhs. Thus, according to the applicant, significant investments have been made by him towards the proposed production of the film titled 'MERRASALAITAN'.