9911796707
TMI Blog1942 (3) TMI 17X X X X Extracts X X X X X X X X Extracts X X X X ..... ting cinematographic motion pictures for exhibition in various places in India. 2. It appears from the evidence that during the year 1939, and in the early part of 1940, the plaintiff wrote, or procured the writing of, a story for a film, which was to bear the title of Virginia. The shooting of the film commenced in April, 1940, and on May 16 the name of Virginia was registered with the Sub-Registrar in Bombay, though admittedly such registration conferred no right whatever upon the plaintiff. The film was completed in August, 1940 ; there was a certain amount of advertisement, commencing in September; the certificate of the Censors was obtained in November ; and thereafter some agreements were entered into as to showing the film in othe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it on the part of the defendant was deliberate.: In a passing-off action it is never the plaintiff's case that he has been himself deceived by the action of the defendant. His case is that other people, the public, have been deceived, or are likely to be deceived. But a private individual cannot sue for a wrong done to the public. 5. The plaintiff must therefore prove that the action of the defendant has infringed some proprietary right of his own. It is not necessary to prove any fraudulent intention on the part of the defendant, although, if a fraudulent intention can be proved, that usually assists the plaintiff's case. It follows, in my judgment, that two issues must always arise in a passing-off action : First, has the name ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ration, Ltd. [1940] A.C. 112 where the complaint was that a film was being produced by the defendants under the same name as a song the copyright in which belonged to the plaintiffs. The Privy Council held that there could be no possibility of deception of the public by producing a film under the name of a well-known song. Courts frequently have to adapt old established principles to new conditions of life, and it is quite possible that in relation to the film industry some developments may take place in the law relating to passing-off. The evidence in this case is that the title of a film is very important; and another peculiarity of a film is that its life is comparatively short. It is not like a book which may be in circulation for years ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e has not attempted to establish it in relation to the public in any other part of the world, though he has claimed an injunction in general terms. There is no evidence of extensive advertisement, though, no doubt, he did advertise on the wall of the cremation ground at Queen's Road, which is a prominent place. But there is no evidence that he spent large sums of money in advertisement. His film has been shown only for a fortnight in Bombay, though, no doubt, it may be shown hereafter elsewhere. His production in India is practically no More than the production of the defendants' picture, which has been shown for a week in Calcutta. In my opinion, it is essential for the plaintiff to go much further than he has gone to establish tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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