The Bombay High Court in the case Rajendra Sadashiv Nikalje Alias Chhota Rajan v. Matchbox Shots LLP and Ors observed and has refused to direct the OTT platform Netflix in order to taken down ‘Scoop’ series which is being based on an intellectual property suit by the gangster Chhota Rajan.
The bench headed by Justice Shivkumar Dige in the case observed and has stated that the series has been released, thus, the court will see the same on the next date.
The court in the case observed and has allowed Chhota Rajan in order to amend the suit moved by him to show how it being the matter of intellectual property rights and the same needs to be posted on Wednesday for further consideration.
Therefore, the plea moved by Rajan’s was specifically to stall the release, the series went live on Netflix.
The counsel, Senior advocate Mihir Desai for Rajan appearing argued before the court that the Rajan has copyright on his image, Can you show me as guilty to the whole world in this manner? There being celebrity rights as well. Therefore, the celebrity is not just the Bollywood celebrity, it can also be a person famous in another manner. Thus, lakhs of people will be watching it and it would affect my appeal.
It has also been submitted by the Senior advocate Ravi Kadam for the makers of the series that the suit is not maintainable.
In the present case, the complaint was lodged in Tihar Jail, Rajan was being convicted along with 9 others for the death of crime reporter Jyotirmay Dey, who was being shot in the year 2011. Therefore, the journalist named, Jigna Vora and Rajan’s co-accused was being acquitted. Thus, the Netflix series is being inspired by Vora’s memoir ‘Behind Bars in Byculla: My Days in Prison’.
It has been stated that as per the plaint of Rajan’s, the trailer of the series makes various references to his name, image, and purported voice and portrays him as the main conspirator behind Dey’s death. Therefore, it has been claimed by the Rajan in the plea filed that the contents of the trailer are false, misleading, and deceptive and the makers intended to create sensation and to obtain profits by using his name and image.
The Rajan in the case observed and seek an injunction for removing the trailer from Netflix and any other platform and restrain the defendants from exploiting the name of him, his image, and personality or make any reference to him and to restrain the defendants from publishing the web-series and its trailers on Netflix, theatre, or on any other platform. Further, he also seeks Re. 1/- as damages and also an unconditional apology to be published in a major newspaper wherein it should be clarified that the makers used his image, personality, and reputation without any verification and his consent.
