Bombay High Court refuses to stay release of film 'I Love You' in copyright infringement suit by Lions Gate

Bombay High Court Wednesday refused to stay release of Hindi film 'I Love You' in a plea filed against the makers of the film by Lions Gate India LLP (LGIL) alleging copyright infringement. .Single-judge Justice RI Chagla passed the order in a copyright infringement suit by LGIL which claimed that producers of "I Love You" had infringed their exclusive right to remake the American film "P2". .In the suit filed through ANM Global, LGIL sought an order and injunction restraining the producers of the film and Viacom 18 Media Pvt. Ltd., the right holder of the infringing film, from releasing the film. .LGIL claimed that Summit Entertainment, an American entity, was the sole and exclusive owner of all copyrights of P2. It had granted exclusive license for Hindi remake rights of the film to LGIL.However, Athena E&M LLP, remade and produced the infringing film without any authorization/ permission from LGIL.LGIL purportedly learnt on June 5 that the infringing film is to be released on June 16, 2023 on Viacom's online platform. In light of this, it moved the High Court seeking stay on the release of the film and interim order of injunction against the makers from claiming copyright over the film. LGIL also sought ₹10 crores as damages from the makers including Viacom 18 Media..LGIL pleaded that it was important for the court to see the form and manner of presentation or expression and actual dramatic features forming part of the rival works to come to a conclusion about the infringement. .Athena EnM LLP, producers of the film, with Sunir Kheterpal denied all allegations and claimed that the film producer is completely original. Viacom also opposed the prayers vehemently.Justice Chagla expressed his disinclination to grant a stay on the release of the film. He sought responses from the defendants on the application for urgent reliefs and posed the case for hearing after a week. .Advocate General Dr Birendra Saraf with advocates Rashmin Khandekar, Anand Mohan and led by team from MDP & Partners including partners Nishit Dhruva, Lavin Hirani and Khushbu Chhajed represented Athena.Viacom appeared through Senior Advocate Ashish Kamath and advocates Ameet Naik and Madhu Gadodia from Anand & Naik