The Madras High Court has dismissed a plea by actor Anand Baabu, son of late comedian C K Nagesh, seeking to restrain producers of the upcoming movie 'Nagesh Thiraiarangam' from using the title.
Justice C V Karthikeyan also dismissed the original application filed by Baabu, claiming Rs 50 lakh compensation from Trans India Media, producers of the movie.
Vacating the interim injunction restraining Trans India Media from using the name 'Nagesh Thiraiarangam', the judge however, directed the producers not to use Nagesh's name independently or exploit his popularity to promote their movie.
Allowing the producers to use the words ('Nagesh Thiraiarangam'), the judge restrained the producers from referring to the name 'Nagesh Theatre' located in the city.
The judge also directed the producers to immediately withdraw teasers/advertisements produced by them allegedly using the name of actor Nagesh and 'Nagesh Theatre.'
He also directed them that the advertisements of the movie should not be on the basis of the popularity of the late actor or Nagesh Theatre.
Permitting Baabu to approach the court any time if it came to his notice that the producers were using the name of his father or Nagesh Theatre to promote the film, Justice Karthikeyan dismissed the original application filed arising out of the civil suit claiming compensation.
Baabu had filed a civil suit claiming compensation of Rs 50 lakh from the producers of the movie stating that with a view to making profit they had used his father's name in teasers and advertisements, which had shocked his family members.
He had claimed that the movie could not be released under the name of 'Nagesh Thiraiarangam' without permission from him or his family members.
Also, Baabu had claimed damages and sought for an interim stay on the use of the name by the producers, which was granted by the High Court earlier.
Responding to the application, the producers submitted that it was wrong to say that they were exploiting the name 'Nagesh.'
They also submitted that the building 'Nagesh Thiraiarangam' in the movie was located in a remote village and there was no reference to 'Nagesh Theatre' which existed in Chennai and the movie did not revolve around the name 'Nagesh' or 'Nagesh Theatre'.
Hence, they sought vacating of the stay and also filed an affidavit stating that the movie would not have any bearing to the character of late Nagesh.
The judge, who dismissed the application filed by Baabu, in his order said, "On a perusal of script it is seen that it has nothing to do with the character 'Nagesh' or with theatre in his name."
Even though the name 'Nagesh' is familiar and popular in Tamil filmdom, the word 'Thiraiarangam' can be used by any one and there cannot be any injunction relating to the word ('Thiraiarangam'), the judge said.
It is to be noted that Nagesh theatre had been actually sold by the family in the year 2008 and it is not in existence anymore.
"There had been instances of films like 'Shivaji the Boss' using the name of an erstwhile actor," the judge said.
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