Madras High Court
Tiger Tv Media vs Puthiya Thalaimurai Channel on 9 August, 2021
C.S.No.108 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.08.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.108 of 2012
TIGER TV MEDIA
Represented by its Proprietor Mr.V.J.Kumar,
#2/4th Floor, Raheja Complex,
No.834, mount Road,
Chennai – 600 002. ...Plaintiff
.Vs.
Puthiya Thalaimurai Channel
Owned and Controlled by
New Generation Media Corporation Pvt. Ltd.,
Regd. Office No.25, ANP Industrial Estate,
Ekkaduthanga, Chennai – 600 032.
... Defendant
Plaint filed under Order IV Rule 1 of the Original Side Rules read
with Order VII Rule 1 of the Code of Civil Procedure and Sections 55
and 62 of the Copyright Act, 1957 praying for a judgment and decree
(a) Granting permanent injunction restraining the defendant by
themselves, their servants or agents, assignees or anyone claiming
through them from in any manner infringing the plaintiff's Copyright in
respect of the Work, being an event capable of being telecast as a
television program under the name and style of “Perfect Personality
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C.S.No.108 of 2012
Award” by re-titling the same as 'Puthiya Thalaimurai Tamizhan
Virudhugal' or such other title, and telecasting the infringing material in
whole or reproduction of any part thereof, by exploitation for public
viewing by broadcasting, telecasting on the defendant's channel Puthiya
Talaimurai or on such other Satellite or Terrestrial Television or making
the same available through the internet or such other mode of
transmission and reception to reach the public for viewing;
(b) Granting permanent injunction restraining the defendant by
themselves, their servants or agents, assignees or anyone claiming
through them from in any manner committing breach of confidence in
respect of the plaintiff's idea/ concept in “Perfect Personality Award” by
telecasting the same as a television program or as an event by re-titling
the same as 'Puthiya Thalaimurai Tamizhan Virudhugal' or such other
title, and telecasting and/ or conducting the event using the plaintiff's
novel concept/ idea in “Perfect Personality Award” in whole or
reproduction of any part thereof, by exploitation for public viewing by
broadcasting, telecasting on the defendant's channel Puthiya Thalaimurai
or on such other Satellite or Terrestiral Television or making the same
available through the internet or such other mode of transmission and
reception to reach the public for viewing;
(c) Granting permanent injunction restraining the defendant by
themselves, their servants or agents, assignees or anyone claiming
through them from in any manner committing breach of confidence in
respect of the plaintiff's idea/ concept in “Perfect Personality Award” by
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C.S.No.108 of 2012
telecasting the same as a television program or as an event by re-titling
the same as 'Puthiya Thalaimurai Tamizhan Virudhugal' or such other
title, and telecasting and/ or conducting the event using the plaintiff's
novel concept/ idea in “Perfect Personality Award” in whole or
reproduction of any part thereof, by exploitation for public viewing by
broadcasting, telecasting on the defendant's channel Puthiya Thalaimurai
or on such other Satellite or Terrestiral Television or making the same
available through the internet or such other mode of transmission and
reception to reach the public for viewing, by claiming the idea/ concept
as that of the defendant;
(d) Directing the defendant to pay to the plaintiff a sum of
Rs.2,00,000/- (Rupees Two Lakhs only) as damages and for interest
thereon at 12 percent per annum from date of plaint till date of
realization;
(e) Directing the defendant to surrender to the plaintiff the entire
stock of software, master cassettes/ discs, sound recording, literature and
letterheads and communications, pamphlets and all materials with the
infringing work 'Puthiya Thalaimurai Tamizhan Virudhugal' or such
other name/ title;
(f) Directing the defendant to render a true and faithful accout of
the profits earned by it through the business using the offending
infringing material 'Puthiya Thalaimurai Tamizhan Virudhugal' or such
other name/ title;
(g) Directing the defendant to pay to the plaintiff the cost of the
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C.S.No.108 of 2012
suit.
For Plaintiff : No appearance
For Defendant : Mr.V.Venkatesan
********
JUDGMENT
Mr.Perumbulavil Radhakrishnan, learned counsel appearing for
the plaintiff would submit that the plaintiff has taken back the papers
from him even in the year 2014. No new counsel has been engaged.
2. Hence, the suit is dismissed for non-prosecution. No costs.
09.08.2021
dsa
Index : No
Internet : Yes
Non-Speaking order
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C.S.No.108 of 2012
List of the witnesses examined on the side of the plaintiff: Nil
List of Exhibits marked on the side of the plaintiff : Nil
List of the witnesses examined on the side of the defendant: Nil
List of Exhibits marked on the side of the defendant: Nil
09.08.2021
dsa
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C.S.No.108 of 2012
R.SUBRAMANIAN, J.
dsa
C.S.No.108 of 2012
09.08.2021
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