1 IN THE HIGH COURT OF JUDICATURE AT MADRAS (ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 4th DAY OF NOVEMBER 2011 THE HON'BLE MR. JUSTICE VINOD K.SHARMA O.A. No.787 of 2011 in C.S. No.635 of 2011 Miss.Kajal Aggarwal, No.16/4, Nagin Mahal, 82, Veer Nariman Road, Church Gate, Mumbai-400 020. .. Applicant/Plaintiff -Versus- The Managing Director M/s.V.V.D.&Sons P.Ltd., No.6/18, Casa Major Road, Egmore, Chennai-8. .. Respondent/Defendant Original Application praying that this Hon'ble Court be pleased to grant an order of ad-interim injunction restraining the respondent or their men or their agents or any one claiming through them from using the image of the petitioner in VVD OIL OR VVD GOLD products and also from advertising the petitioner's endorsement/advertisement video in television Channels, in websites, in internet or In any other forum or media, pending disposal of the above suit. This Original Application coming on this day before this court for hearing the court made the following order: The applicant prays for grant of temporary injunction, restraining the respondent or their men or their agents or https://hcservices.ecourts.gov.in/hcservices/ 2 any one claiming through them from using the image of the petitioner in VVD Oil or VVD Gold products and also from advertising the petitioner's endorsement / advertisement video in television channels, websites, internet or in any other forum or media, pending disposal of the suit and thus render justice. 2. The pleaded case of the plantiff / applicant is that she had entered into an agreement with M/s.VVD & Sons Private Limited for promoting its products Hair Oil and Coconut Oil, through various medium of advertisements like Film, TVC, Magazines, Hoardings etc. In pursuance to the agreement entered into between the parties, a commercial ad film was filmed for telecasting over television, electronics and print media and screening in cinema halls. 3.In addition thereof, still photographs were taken under the terms of agreement, for being used on the products and other hoardings etc. 4.The case of the applicant / plaintiff is that the agreement was only for a period of 12 months and on expiry thereof, it is not open to the defendant, to either use the ad films or her other profile, as she has not consented to extend the period of agreement. 5.On notice, the respondent / defendant has not disputed that defendant / respondent is not entitled to use still photographs and other profile of the applicant for https://hcservices.ecourts.gov.in/hcservices/ 3 advertisement purpose. The stand taken is that the products, which were already marketed, cannot be withdrawn at this stage. 6.The respondent / defendant has undertaken that henceforth M/s.VVD & Sons Private Limited will not use still photographs or other profile of the plaintiff, on any of its products, except with the written consent of the applicant / plaintiff. 7.As regards injunction against ad film is concerned, the stand of the respondent / defendant, is that in terms of agreement, the applicant / plaintiff had agreed that cinematography film, audio, video cassettes and CDs would be the copy right of the respondent / defendant, therefore, being owner of the property, M/s.VVD & Sons Private Limited cannot be injuncted from using it. 8.The contention of the learned counsel for the applicant / plaintiff is that clause-4 of the agreement was only to the effect that ad films etc, would become the property of respondent / defendant, to use at its discretion without any restriction, but only during the subsisting contract and not thereafter. 9.In view of clause-4 of the agreement, it cannot be said that the applicant / plaintiff has prima facie case to seek injunction against use of ad films, being copy right of respondent / defendant. It will be a question of fact https://hcservices.ecourts.gov.in/hcservices/ 4 which can be determined only after the parties lead evidence in support of respective stand. 10. Consequently, this application is partly allowed. While the respondent / defendant is restrained from using still photographs and other profile of the plaintiff on their products, print media, internet etc, but M/s.VVD & Sons Private Limited shall be entitled to use ad films, subject to final decision of the suit. 11. It is made clear that any observation made herein above, be not taken to be final expression of opinion on the merit of controversy between the parties in this case, as the observations made, are only for disposal of interim application. Sd/-V.K.S.J 04.11.2011 //Certified to be a true copy// Dated this the day of 2011. R.s/11.11.2011 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format. https://hcservices.ecourts.gov.in/hcservices/