Thaikkudam Bridge lawsuit: The Kerala High Court has overturned the District Court of Kozhikode’s decision in the case involving the alleged plagiarism of “Varaharoopam” by “Kantara,” which was the subject of a lawsuit filed by Thaikkudam Bridge against the Kannada film makers.
Thaikkudam Bridge filed an appeal, which was granted by the High Court, overturning the District Court’s decision. During the appeals process, several defendants were removed from the case, and the lawsuit now only involves Kantara’s music director, BL Ajaneesh. The District Court dismissed Thaikkudam Bridge’s claim, stating that it should have been filed before the Commercial Court and that the defendants were not within Kozhikode’s jurisdiction.
Thaikkudam Bridge Lawsuit
In the case of Thaikkudam Bridge, Justice MR Anitha’s bench issued an order that is significant for its analysis of the interaction between Section 20 of the Code of Civil Procedure, Section 62 of the Copyright Act, and the provisions of the Commercial Courts Act in terms of jurisdiction to hear a copyright infringement lawsuit.
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The High Court also stated that Section 20(c) of the Code of Civil Procedure, which allows a plaintiff to file a lawsuit in a jurisdiction where a portion of the cause of action occurred, is unaffected by Section 62 of the Copyright Act. In its decision, the High Court held that Section 62 of the Copyright Act does not deprive a plaintiff of the right to file a lawsuit in a different jurisdiction where a portion of the cause of action has arisen, even if the plaintiff does not reside or conduct business in that jurisdiction.
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The law
The High Court determined that Thaikkudam Bridge lawsuit could be properly maintained in Kozhikode under Section 20(c) of the Code of Civil Procedure, which allows a plaintiff to file a lawsuit in a jurisdiction where a portion of the cause of action occurred. Thaikkudam Bridge chose Kozhikode as the venue for their lawsuit in this case, citing the fact that the film was also shown in theatres there. BL Ajaneesh argued that if it is determined that the plaintiff conducted business in Ernakulam and that a portion of the cause of action arose there, the lawsuit should be filed there.
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