Plaintiff’s Creative Team came across ‘Ayyappanum Koshiyum’, which was released on 07.02.2020 and was a huge success. Plaintiff sought assignment of Hindi Remake Rights.
Recitals of Deed of Assignment, dated 13.05.2020, prima facie show, Remake and Dubbing Rights inter alia included making a New Cinematograph Film with Right to Dub the Malayalam Film as well as the New Film in any and all languages known or coming into existence in near future.
Plaintiff was not assigned the Right to Remake the Malayalam film in Telugu, which was assigned to Defendant No. 1 by Defendant No. 3. Plaintiff has no grievance with Remake of the Malayalam Film in Telugu.
Dubbing of the Remade Telugu Film [‘Bheemla Nayak’] into Hindi, in my prima facie view, does not amount to infringement of Plaintiff’s Exclusive Right to Remake the Malayalam Film in Hindi and to Dub the New Film as well as the Malayalam Film in all languages. Plaintiff can have no grievance with Defendant No.1 exploiting its Rights in the Remade Telegu Film.
– Hon’ble Justice Jyoti Singh of Hon’ble High Court of Delhi, JA Entertainment v. Sithara Entertainment, [CS (COMM) 191/2022] decided on 11.07.2022.