Madras HC dismisses Netflix' plea against actor Dhanush in copyright infringement issue
Chennai, Jan 28 (PTI): The Madras High Court on Tuesday dismissed an application filed by Los Gatos, an Indian entity of OTT platform Netflix, which sought to reject actor Dhanush's plaint over alleged copyright infringement by well-known actor Nayanthara, her husband Vignesh Sivan and others, at the preliminary stage itself.
Justice Abdul Quddhose dismissed the application filed by Los Gatos and posted to February 5, further hearing of the application filed by Dhanush's production house Wunderbar, seeking interim injunction against Los Gatos and others.
In his application, Dhanush had submitted that he produced a Tamil film "Naanum Rowdy Dhaan" a few years ago. Some of the behind-the-scene footage from the film were used unauthorizedly in the making of Nayanthara's documentary "Nayanthara: Beyond the Fairytale", he alleged. The documentary was aired on Netflix.
Dhanush said that since Netflix's office was in Mumbai, which was outside the jurisdiction of the Madras HC, he had moved an application seeking leave to sue the OTT player in this court, which was allowed. Aggrieved, Netflix filed the present application to revoke the order, granting leave to sue.
Netflix contended that the plaintiff in this case had obtained leave to sue only against Los Gatos and because the office was situated outside the jurisdiction of this court. The plaintiff ought to have obtained leave against all the defendants, Netflix added.
Applications filed by Netflix seeking revocation of leave and rejection of plaint were dismissed by the High Court.
Netflix's contentions were that the suit ought to have been filed in Kancheepuram as plaintiff's registered office is situated there and leave was not specifically sought for that part of cause of action that arose outside of the Madras High court's jurisdiction. Thus it sought leave to be revoked.
Rejection of Plaint was sought for on the ground that there is no urgency as the documentary is already released. Therefore the plaintiff ought to have gone for mandatory pre suit mediation.
The High Court did not agree with the plaintiff and both the applications were dismissed.
In his order, the judge said at this preliminary stage, when the first respondent/plaintiff (Wunderbar Films Private Limited) has prima facie satisfied this Court that there was an urgent need for obtaining interim reliefs, the question of rejecting the plaint for non compliance of pre-suit mediation does not arise.
Listing out the reasons, the judge said, " this Court is of the considered view that since a part of cause of action arose within the jurisdiction of this Court, this Court had rightly granted leave to the Plaintiff (Wunderbar) to institute the suit against the applicant/fifth defendant (Los Gatos) by exercising its power under Clause 12 of the Letters Patent."
"Since adequate averments have been made in the plaint for seeking urgent interim reliefs by the first respondent/ plaintiff (Wunderbar) without exercising pre-suit mediation, this Court, at this preliminary stage, cannot reject the plaint for non-compliance of pre-suit mediation by the first respondent/plaintiff (Wunderbar)," the court said.
The judge said this court, after giving careful consideration to the averments contained in the plaint, which includes the cause of action, was of the considered view that Wunderbar has rightly sought leave of this Court and has also rightly obtained leave to institute the suit against Los Gatos since they were having their registered office at Mumbai which was outside the jurisdiction of this Court.
It was settled law that as long as any infringing material remains on air and for each moment that material continues to be screened, it will dilute the rights of the copyright holder and was a continuous cause of action.
Though Los Gatos contends that the cause of action for the suit arose in the year 2020 itself as seen from the plaint, the said contention cannot be accepted by this Court at this stage when admittedly the documentary "Nayanthara: Beyond the Fairy Tale" was released by Netflix only on November 18, 2024.
It was clear from the plaint averments that only due to the urgent necessity to seek interim reliefs, Wunderbar did not go for pre-suit mediation under Section 12A of the Commercial Courts Act, the judge added.
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Vijay says no to CM convoy until swearing-in: TVK
Chennai (PTI): TVK chief Vijay declined to accept the police convoy vehicles provided to Tamil Nadu chief minister as per protocol until his swearing-in, the party said on Thursday.
A police official confirmed that the CM convoy vehicles provided to him "as per protocol" following the announcement of the Assembly election results were returned and have not been withdrawn.
The official also said that arrangements were in place for the swearing-in ceremony.
The Tamilaga Vettri Kazhagam (TVK) clarified that its party founder Vijay had "personally requested that the convoy vehicles be returned". In a statement here, the TVK said: "Vijay conveyed that he would accept the official chief minister-level security only after forming the government with a decisive mandate".
Four convoy vehicles assigned to Vijay on May 4 after his TVK secured 108 seats in the Assembly polls returned from his residence following his request.
Even on May 6, the police had deployed security near his Panaiyur residence and in front of the Lok Bhavan here when Vijay called on Governor Rajendra Vishwanath Arlekar to stake his claim to form the government. Vijay did not use the government vehicle to meet the Governor.
