DASHRATH B RATHOD Vs. FOX STAR STUDIOS INDIA PVT LTD
LAWS(BOM)-2017-3-131
HIGH COURT OF BOMBAY (AT: STATE)
Decided on March 21,2017

Dashrath B Rathod Appellant
VERSUS
Fox Star Studios India Pvt Ltd Respondents

JUDGEMENT

G.S. Patel, J. - (1.) Not on board. Mentioned. Taken on board.
(2.) Mr Saboo for the Plaintiffs seeks urgent circulation of a Notice of Motion in this Suit. He says that there is urgency because the Defendants' film Phillauri, alleged to be in violation of the Plaintiffs' copyright in their 2013 Gujarati, Bhojpuri and Nepali film Mangal Phera, is slated for public theatrical release just a few day hence - this very Friday, 24th March 2017. He asks that the matter be taken up tomorrow or the day after.
(3.) At this stage when the matter is mentioned for circulation, I am not, of course, addressing the merits of the claim. I only address the question of urgency. The basis of the copyright infringement claim is the trailer of the Defendants' film. The plaint itself acknowledges that the trailer was released over six weeks ago, if not more, on 6th February 2017 with an even then confirmed theatrical release date of 24th March 2017. This is so stated in paragraph 16 of the plaint, which then claims that the 1st Plaintiff's attention was drawn to this trailer on 24th February 2017. That of course will be tested. It is not in dispute that on 28th February 2017 the Plaintiffs' Advocate sent a notice to the Defendants. The 1st Defendant replied as early as 2nd March 2017 and then provided a more detailed response on 10th March 2017.;


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