Clearing legal hurdles, Vijay's upcoming movie directed by Atlee is all set to hit the screens this Diwali with the same title `Mersal'. Yes, the Madras high court has finally dismissed a suit moved by a film producer claiming proprietary right over the title.
The makers of Vijay's movie Thendral Studios Limited and Sri Thenandal Films were restrained from using the title `Mersal' for any promotional activities since September 22 by the high court.
Justice Anita Sumanth passed the interim order on a civil suit moved by film producer A Rajendran, who claimed to hold a valid right for the title `Mersealaayitten' registered with the Tamil Nadu Film Producers' Council in 2014. Rajendran also claimed that the ma kers of Vijay's movie are trying to `pass off ' the title `Merrasalaitan' over which he has proprietary right.
The judge noted, “The entire case of the applicant is based on the premise of probabilities and assumptions assumed right to the title, assumed prejudice to reputation caused by non-existent use of the film title and assumed deception by the respondents. The prayer, for passing off simpliciter, cannot be sustained in the facts and circumstances of this case.
“An action for passing off and presumption of confusion has necessarily to be based on concrete material and cannot be granted on an admittedly anticipated act sometime in the vague future.“
The judge then dismissed the request of Rajendran.
Earlier, Thenandal Films contended that the word `Mersal' is a generic word in Tamil over which none could claim exclusive right. Moreover, the registration of a title with the TNFPC is solely to serve the purpose of avoiding duplication of titles and does not create any other enforceable right over such title.
On the allegation of passing off, the firm argued that the remedy of passing off requires one to establish exploitation of the exalted reputation and superior resources of one by another. It wondered whether Rajendran could lay claim to such elevated status.
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