Anand & Anand wins Rs 10 lakh in punitive from Ramgopal Varma Sholay rip-off-remake

The Delhi high court fined Ramgopal Varma and his production house a sum of Rs 10 lakh as punitive damages in a judgment in favour of Sholay Media and Entertainment by Justice Manmohan Singh on 24 August 2015, reported Asian Age and others.

Read judgment.

The suit was filed through Sascha Sippy, represented by Anand & Anand managing partner Pravin Anand and advocate Geetanjali Vishwanathan, while the defendants were not present and ex parte, according to the judgment.

It was held by the court that the Varma remake’s publicity material, movie, similar plot and characters along with the music, lyrics and background score and even dialogues from the original film Sholay, gave “an overall impression that it is a remake of the film Sholay” and, “amounts to infringement of copyright”.

The court held the defendants guilty of infringement which is, “a deliberate act to gain profits.” The court also said that, “the defendants have distorted and mutilated the original copyright work of the plaintiffs”.

The court passed the judgment which also barred the defendents permanently from manufacturing, selling, offering for sale or distributing any of materials involved with Sholay or the characters, music or the dialogues on top of the punitive damages and costs to be given to the plaintiff.

Comments

Jury 3 Sept 2015, 05:08
+2 -2
Dear Kian,

Why do you want to report only Law Firm victories in litigiation, as if law firms have two horns and litigators are inferior.

Report all Litigators court victory henceforth too.

Dont shy away to respond.
kianganz 3 Sept 2015, 05:45
+1 -2
We do often mention litigators too actually, though law firms are arguably bigger brand names that more readers will recognise, so it makes sense putting them in the headline...

Also, I think 70% of litigation stories we do don't have any law firm present, so when a law firm is on an litigation, it's worth highlighting...
Jury 4 Sept 2015, 13:11
+3 -1
Even according to you 70% litigations are by litigators, who obviously has larger litigation practice and experience and popularity. Absurd to hear from you that litigators are lesser-known. Or are you telling us that you are a die-hard fan of brands (be it law firm, shirt, pant, watch,......)

M/s. KKV Harish Parasrn Soli Gopal, so on and so forth are much more popular and bigger brand names than your law firms.

At the end of the day, not even one high voltage matter would have been argued/presented by your law firm dudes. All victories/losses are only by senior counsel representing the firm. That being so, why sing their praise on litigation.

Start reporting litigators victory/loss too or stop reporting law firms (senior counsel) victory/loss.

Your response was unfortunately vague and wishy-washy.

Im sure you are not gonna publish this. lets see if kian is gutsy
Jury 4 Sept 2015, 13:12
+1 -0
Most imp, are you legally india or law-firm india???
Jury 5 Sept 2015, 07:18
+1 -0
why no reply kian
Ex Parte 3 Sept 2015, 06:17
+3 -1
An "Ex-Parte" victory is no victory at all. When will people realize this? When you are the only one making a claim, it all boils down to who you are, and what is your standing? Sad if that standing has been created by such matters.

If you REALLY want to stand out, then give notice to other side, let them also explain their case, LEVEL OUT the playing field.. and then .... toot your horn if you emerge victorious!

Boutiques suck!
Huh 3 Sept 2015, 11:37
+2 -0
What makes you think that a final ex-parte order can be obtained without giving notice?
Correcto! 3 Sept 2015, 15:05
+0 -0
There is a reported judgment on this point, which was passed recently. Kian, let's see if you can find it!
[quote name="Huh"]What makes you think that a final ex-parte order can be obtained without giving notice?[/quote]