9911796707
TMI Blog2017 (5) TMI 190X X X X Extracts X X X X X X X X Extracts X X X X ..... ication ("CBFC"). The Plaintiffs then attempted to serve the Defendants at those addresses by courier and hand delivery. They were told that the 1st Defendant had shifted its address. The courier was told that the address of the Defendant was changed solely with an intention to evade or avoid service. The Plaintiffs' Advocates attempted to contact the 1st Defendant, AR Vikhyat, on his mobile number 89516 37695. The Truecaller mobile phone app showed this to be his mobile number. It was also reflected on his WhatsApp contact information. The WhatsApp status shown the name of the infringing Kannada film, Pushpaka Vimana. In subsequent messages exchanged, Vikhyat accepted that he was the producer of the Kannada film Pushpaka Vimana (paragraph ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts had 'no notice'. To say that is untrue; they may not have had service by registered post or through the bailiff, but they most certainly had notice. They had copies of the papers. They were told of the next date. A copy of the previous order was sent to them. Defendants who avoid and evade service by regular modes cannot be permitted to take advantage of that evasion. 7. The Plaintiffs have given the Defendants every opportunity to appear. The past record shows that the Defendants are only avoiding service. It was extremely difficult to even obtain their addresses. Their addresses were in fact obtained when the Plaintiffs contacted the CBFC in Bengaluru and obtained the addresses from that secretariat. The Defendants' addresses were nec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Hindi remake, and obtained an assignment on 10th June 2016. The 2nd Plaintiff obtained an exclusive license on 1st December 2016 to produce a theatrical motion picture. The 2nd Plaintiff then assigned its rights to the 1st Plaintiff. The 1st Plaintiff started researching the remake. In February 2017, the 1st Plaintiff found the infringing Kannada film. On checking with their assignors, the Plaintiffs learnt that the original producers had not assigned or transferred any rights to the Defendants. 11. There is material prima facie to show that the Kannada film is a copy of the original Korean film. Paragraph 3.12 of the plaint has details. It quotes, inter alia, Vikhyat as admitting that he 'adapted' the screenplay of the Korean film for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evision, internet, making and releasing CDS/DVs; ii. grant temporary and interim injunction restraining the Defendants, their agents, servants, nominees, assigns and / or any persons claiming through or under them from in any manner entering into any agreement / arrangement with third parties for grant of satellite rights (by whatever name) for the purposes of showing / exhibiting the Kannada Film on Television or internet; iii. grant temporary injunction against the Defendants, their agents, servants, nominees, assigns and / or any persons claiming through or under them and against any party thereby restraining them from releasing the Kannada Film on Television or internet; iv. injunction against the Defendant, their servants, emp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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