Justice Abdul Quddhose also informed the parties that he would be hearing the interim injunction application filed by Wunderbar on 5 February.
Published Jan 28, 2025 | 12:39 PM ⚊ Updated Jan 28, 2025 | 12:39 PM
Madras High Court. (Wikimedia)
Madras High Court on Tuesday, 28 January, dismissed Netflix India’s plea to reject the suit filed by actor Dhanush’s Wunderbar, in connection with alleged copyright infringement by Nayanthara, Vignesh Sivan, and others.
As reported by Livelaw, Justice Abdul Quddhose also informed the parties that he would be hearing the interim injunction application filed by Wunderbar on 5 February.
Since Netflix India’s office is in Mumbai, which is outside the jurisdiction of the Madras High Court, Dhanush had moved an application seeking leave to sue the company in the high court which was allowed.
Actor Dhanush through his production company Wunderbar Films filed a civil suit in November 2024, before the Madras High Court against actor Nayanthara and her director-husband Vignesh Sivan, and Rowdy Pictures.
The petition is filed for using visuals from the film Naanum Rowdy Dhaan (2015) without an NOC in her wedding documentary titled Nayanthara— Beyond the Fairytale, which is streaming on Netflix.
Naanum Rowdy Dhaan stars Vijay Sethupathi and Nayanthara in lead roles and is directed by Nayanthara’s husband Vignesh Shivan. It is produced by Dhanush.
The case was heard on 22 January, during which the court, after hearing the arguments reserved the order.
During the hearing, Nayanthara’s counsel sought rejection of the plaint because of a breach of Section 12A of the Copyright Act and argued that there was not any cause of action.
Senior advocate PS Raman, appearing for Dhanush’s Wunderbar Films, contended, saying that, they had sent a legal notice to Nayanthara and others as soon as they saw the trailer that was released on 9 November 2024.
Bar and Bench reported Raman as saying, “My office went through it frame by frame after its release and we realised 28 seconds worth of behind-the-scenes footage has been used without my NOC.”
He further argued, “November 18 it was released, 24th I filed the infringement suit so there is absolutely no 12 A at all. Day in and day out this court is hearing copyright act suits months after the alleged cause of action.”
Speaking of the alleged copyright infringement, Raman noted, ” We had an agreement that says everything from the film, including the costumes she wore, belonged to me..so even showing her in the costumes from my film, they were my copyright. I have copyrights over all characters and entire footage. So, the suit is not barred. it has a cause of action and can go for hearing.”
The issue arose over Nayanthara wanting to use the 2015 film’s clips in her wedding documentary, and Dhanush, being the producer not grating the NOC (No Objection Certificate).
Ahead of the docu-drama release, Nayanthara took to social media, to pen a strongly worded letter against Dhanush, for “festering vengeance against her and her family.”
Nayanthara had wrote: “The vengeance that you have been festering against the film, my partner and I, doesn’t just affect us but the people who have given their effort and time towards this project.”
“This Netflix documentary about me, my life, my love and marriage includes clips of many of my industry well-wishers who have graciously contributed and memories from multiple films, but sadly does not include the most special and important film, Naanum Rowdy Dhaan.”
The actor also revealed that she and her team were served legal notice claiming a sum of ₹10 crore for using three seconds of BTS video footage of the film, that were shot on their personal devices.
