Bombay High Court Dismisses Plaintiff's Interim Application in Copyright Suit Over Film 'Adipurush' — Credit Already Granted in Character Assets. Court holds that once credit is given, the grievance is addressed and no interim relief is necessary.

High Court: Bombay High Court Bench: BOMBAY
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Case Note & Summary

The plaintiff, Trishul Media Entertainment, filed a Commercial IPR Suit and Interim Application seeking ad-interim relief including credit in the film 'Adipurush' for character assets. The suit was filed against Retrophiles Private Limited and others. On 15th June 2023, the court noted that the plaintiff had been given credit under character assets in the film, as per a snapshot tendered by the defendant's senior counsel. The court observed that the grievance regarding lack of credit appeared to be addressed. The plaintiff had also sought other interim reliefs. The court considered the preliminary issue of maintainability raised by the defendant. However, the court found that since credit had already been given, no further interim relief was warranted. The court dismissed the Interim Application (L) No.15925 of 2023 and disposed of the other connected interim applications. The suit was to proceed further.

Headnote

A) Copyright Law - Interim Injunction - Credit in Cinematograph Film - Section 55, 57 Copyright Act, 1957 - Plaintiff sought credit in the film 'Adipurush' for character assets - Court noted that credit had already been given in the film, thus grievance addressed - Held that no further interim relief is required (Paras 1-3).

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Issue of Consideration

Whether the plaintiff is entitled to ad-interim relief including credit in the film 'Adipurush' and whether the suit is maintainable.

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Final Decision

The court dismissed Interim Application (L) No.15925 of 2023 and disposed of the other connected interim applications, noting that the grievance regarding credit was addressed.

Law Points

  • Copyright Act
  • 1957
  • Section 55
  • Section 57
  • Interim Injunction
  • Credit in Cinematograph Film
  • Character Assets
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Case Details

2023 LawText (BOM) (08) 101

Interim Application (L) No. 15925 of 2023 in Commercial IPR Suit (L) No. 15922 of 2023

2023-08-18

R.I. Chagla, J.

2023:BHC-OS:9282

Dr. Abinav Chandrachud, Mr. Pranit Kulkarni, Mr. Gandhar Raikar i/b Meraki Chambers for Plaintiff; Mr. Hiren Kamod, Mr. Varun Nathani, Mr. Munaf Virjee, Mr. Rushabh Parekh, Mr. Akash Agarwal, Ms. Surekha Srinivasan i/b AMR Law and Desai & Partners for Defendant No.1; Mr. Rashmin Khandekar, Mr. Ameet Naik, Ms. Megha Chandra, Ms. Madhu Gadodia, Mr. Deepak Deshmukh, Mr. Suyog Mukherjee, Ms. Tarini Kulkarni i/by Anand and Naik for Defendant No.2

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Nature of Litigation

Commercial IPR Suit seeking credit in a cinematograph film for character assets.

Remedy Sought

Plaintiff sought ad-interim relief including credit in the film 'Adipurush'.

Filing Reason

Plaintiff alleged that it was not given credit in the film 'Adipurush' for character assets.

Previous Decisions

On 15th June 2023, the court noted that credit had been given under character assets, addressing the grievance.

Issues

Whether the plaintiff is entitled to ad-interim relief including credit in the film 'Adipurush'. Whether the suit is maintainable.

Submissions/Arguments

Plaintiff argued that it was not given credit in the film 'Adipurush' for character assets. Defendant raised preliminary issue of maintainability and tendered snapshot showing credit given to plaintiff under character assets.

Ratio Decidendi

Once credit is given in the film for character assets, the grievance regarding lack of credit is addressed, and no further interim relief is warranted.

Judgment Excerpts

It appears from the snap shot that the Plaintiff has been given credit under character assets. Thus, the grievance insofar as the Plaintiff regarding not being given credit in the subject film appears to be addressed.

Procedural History

Interim Application (L) No.15925 of 2023 was filed on 14th June 2023 and moved before the court on 15th June 2023. The court passed an order on 15th June 2023 noting the credit given. The final hearing of the interim application was held on 18th August 2023, resulting in dismissal.

Acts & Sections

  • Copyright Act, 1957: 55, 57
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