One of the defendants in a suit for disparagement is the appellant herein. The appellant has produced a film by the name of ‘BALA’ where,
according to the plaintiff, the products= of the plaintiff have been disparaged.
The film has already been released in multiplexes and prior to it being released on Netflix and like portals, an ex parte injunction was obtained on
December 18, 2019 restraining the release of the film on internet portals and television on the ground that products of the plaintiff had been
disparaged.
When the appeal was moved earlier this week, it was submitted on behalf of the plaintiff that the plainatiff would be satisfied if the images of the
plaintiff’s products were blurred in the film so that the disparagement may not be seen to have been directed against the plaintiff’s pruducts.
The appellant has accepted the suggestion of the plaintiff. An affidavit of undertaking has been filed on behalf of the appellant by an authorised
signatory.
It is submitted on behalf of the second respondent herein, the assignee of the copyright in the film, that it would file a similar undertaking so that the
products of the plaintiff are neither visible nor recognisable in the film in the version that is to be released on the internet portals and television.
The affidavit of undertaking on behalf of the second respondent should be filed by January 10, 2020.
In view of the undertaking given by the appellant, the first owner of the copyright in the film, the impugned order of injunction dated December 18,
2019 is modified. The injunction will cease to operate upon the plaintiff’s products as depicted in the film proposed to be released on internet
portals and television being blurred so that they may not be recognised at all.
The plaintiff says that in view of the undertaking, nothing remains in the suit and the suit may be disposed of and an appropriate decree be drawn up
reflecting the undertaking furnished by the first owner of the copyright and the undertaking to be furnished by the assignee of the copyright that the
plaintiff’s products as depicted in the film proposed to be released on internet portals and television would be blurred and would not be
recognisable.
The parties should immediately inform the Commercial Court below of this order so that the suit is recorded as disposed of in such court.
It is recorded that the appeal has been received without a certified copy of the order impugned in view of the urgency. Advocate on record for the
appellant will remain dutybound to furnish a certified copy of the impugned order within a fortnight from date. The other defect that has been pointed
out by the department may be ignored.
FMA 69 of 2020 together with CAN 116 of 2020 stand disposed of as above.
There will be no order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
