RUPLEKHA SEN Vs. SRIJITA FILMS

JUDGEMENT

(1.) The plaintiff is the daughter-in-law of the much acclaimed novelist Maitraye Devi. The instant suit is based on an alleged violation of an unregistered mark "Na-Hanya'te" by the respondent. In such an action of passing off the principal grievance of the petitioner appears to be that the respondents notwithstanding the popularity and eminence of the said book, adopted the said word mark and use the same in the film with a view to create an impression that the said film is based on the novel written by Maitraye Devi.

(2.) The soul is immortal and some feelings may not die perhaps was the essence of the said novel.

(3.) Mr. Joydeep Kar, learned counsel for the petitioner, submits that the words "Na-Hanya'te." is associated with Maitraye Devi and any feature film with the same title would give an unmistakable impression to the viewers that such feature film is based on the novel 'Na-Hanya'te.' It is submitted that the artistic work on the cover of the book was designed by none other than Mr. Satyajit Ray and if the posters, hoardings and other advertising materials of the said film are compared with 'Na-Hanya'te' as portrayed in the cover of the book, there cannot be any doubt that it would give an impression that the said film is based on the novel 'Na-Hanya'te.' It is submitted that the respondents have knowingly chosen the said title with a view to make unjust enrichment and tried to exploit the goodwill acquired by the said novel since its first publication in 1974. Mr. Kar has relied upon the following decisions in support of his contention that this Court should injunct the defendants from releasing the said film under the title 'Na-Hanya'te':