- Case number
- COMMERCIAL IP SUIT NO. 557 OF 2022
- Court
- Bombay High Court
- Date of judgment
- Outcome
- Disposed of
Headnote
Interim application disposed of without adjudicating the substantive dispute, for want of pleadings. The plaintiff's interim relief had been sought in respect of the staging of a musical based on the suit film, and consent terms with two defendants had rendered that application infructuous. The Court held that the wide language of the prayer could not be extended to cover a proposed new film without amendment of the pleadings to demonstrate prima facie infringement, and that the question whether the new storyline was a remake or a sequel, and whether the remake right under the assignment agreement was rightly invoked, could not be considered in the absence of such pleadings. Although it had called for the script in a sealed cover, it declined to look at it and returned it sealed.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.