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Synopsis

The Madras High Court has dismissed two applications filed by Netflix's Indian arm, Los Gatos Production Services India LLP, challenging the court’s jurisdiction in a copyright infringement suit initiated by actor Dhanush K. Raja’s Wunderbar Films Private Limited. The case revolves around allegations of unauthorized use of behind-the-scenes footage from Wunderbar Films' production, Naanum Rowdy Dhaan, in Netflix's documentary, Nayanthara: Beyond the Fairy Tale.

Netflix, sought to revoke the court's leave to entertain the suit under Clause 12 of the Letters Patent, arguing that neither the plaintiff’s office nor Netflix's headquarters were within the jurisdiction of the Madras High Court. Additionally, Netflix argued that the suit was barred due to the plaintiff's failure to conduct pre-suit mediation, as mandated by Section 12A of the Commercial Courts Act, 2015.

However, the bench of Justice Abdul Quddhose ruled that the major part of the cause of action arose within the jurisdiction of the court. Court noted that the alleged copyright infringement pertained to Naanum Rowdy Dhaan, which was filmed and released in Chennai, and that critical agreements were executed within the city. Further, court observed that the documentary in question was accessible in Chennai, thereby solidifying its jurisdiction.

Court also dismissed the claim that pre-suit mediation was mandatory, emphasizing that the plaintiff filed the suit only after an urgent necessity arose. The plaintiff alleged that Netflix had released the infringing documentary on November 18, 2024, despite prior notices. Given the continuous nature of the copyright violation and the potential dilution of the plaintiff's rights, the court held that the lack of mediation did not invalidate the suit.

Addressing the arguments regarding the applicability of the Doctrine of Election, Justice Quddhose clarified that the plaintiff was entitled to invoke both Clause 12 of the Letters Patent and Section 62 of the Copyright Act. Court emphasized that these provisions offered complementary remedies, and the plaintiff’s reliance on both was legally permissible.

The judgment further highlighted the public interest element in intellectual property disputes, noting that safeguarding copyrights is essential to prevent public deception. Court reiterated that forums with the most substantial connection to the dispute should exercise jurisdiction, and in this case, Chennai was deemed the appropriate venue.

In rejecting Netflix's applications, court underscored the prima facie urgency of the plaintiff’s claims and the compelling need for interim relief to prevent further dissemination of the disputed footage. Justice Quddhose remarked that rejecting the plaint at this preliminary stage would unfairly prejudice the plaintiff.

The main matter is now set for arguments on February 5, 2025.

Case Title: Los Gatos Production Services India LLP, (A unit of Netflix) vs. Wunderbar Films Private Limited and Others