March 5, 2009 11:59:58 pm
The Bombay High Court on Wednesday declined to grant interim relief in a suit filed against the producers and makers of the new horror flick 13 B starring South Indian star Madhavan. One Sanjay Haran had filed the suit over the title contending that his movie (in the pipeline) titled 13 was registered much before 13 B was registered.
Plaintiffs lawyer argued that he had a right to make a prima facie case and object to the title which is substantially similar to his own which was registered in December 2007 while 13 B was registered only in February.
Sanjay states that he had written letters to his association who had corresponded with the Film and Television Producers Guild (FTPG ) where 13 B has been registered.
Sanjays lawyer also pointed out that the FTPG had written a letter to BIG Pictures and Adlabs,the producer of the movie,to not use the title as it has already been registered.
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Once the title is listed nobody else can infringe on that title, Sanjays lawyer argued.
However,lawyer for 13 B countered that the title of the movie is actually 13 B (Fear has a new address). He further argued that the plaintiffs movie never took of as even the shooting of the movie never commenced.
Plaintiff informed that his script was ready along with the songs and the movie was in its preproduction state. It was further pointed out that Sanjay had twice renewed the title as per procedure without taking any steps to produce the movie.
Now let him make a movie which is 14 or 20 or 21, the defendant said.
The defendants pointed out the delay in filing the suit as the movie will be released on Friday.
Defendants argued that every step has been taken for the release of the movie and 100 theatres have also been booked. They also cited few judgements like the case against the recent Aamir Khan movie Ghajini which were dismissed due to delay in filing the suits.
Observing that the plaintiff could have moved court earlier Justice A V Nirgude refused to grant any interim relief.
The suit is pending but the motion has been rejected as the court did not grant any interim relief, said defendant lawyer Amit Naik.
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