The Madras high court has dismissed a suit filed by Kajal Agarwal, seeking Rs 2.5 crore as damages from V.V.D. & Sons P. Ltd for allegedly misusing her profile for promoting its products including coconut oil.
Holding that the conduct of VVD & Sons has not transgressed her right and her profile had not been affected, Justice T. Ravindran dismissed the suit filed by Kajal. According to Kajal, through an advertisement agency, she entered into an agreement with VVD for an ad-film for promoting VVD’s products. As per the agreement, the ad-film should be used only for one year i.e. from 2008 to 2009.
However, violating the agreement VVD has been using the ad-film, using her profile for promoting its product. Denying the same, VVD submitted that it holds the copyright over the ad film. Kajal has no manner of right over the same since she has been paid the sum of Rs 3 lakh demanded by her for acting in the said ad-film, VVD added.
After analyzing all the materials and citing certain provisions of the Copyright Act, the judge said once the copyright had been vested with the VVD, the same would operate as per law with all the statutory rights conferred under the Act, the judge added.
The judge held that the VVD was the owner of the copyright of the commercial cinematography film. The term of the copyright in the commercial cinematography film was 60 years as stipulated in the Act. The VVD has not exploited the commitment and violated the conditions in advertising their products with the appearance of Kajal’s profile, so as to cause prejudice to her. Therefore, she was not entitled to damages for the so-called misuse and violation of the contract by the VVD, the judge added.
