Mahesh Bhupathi’s production house to be sued for cheating and copyright infringement

Mahesh Bhupathi’s production house to be sued for cheating and copyright infringement
Monday, August 10, 2015 12:55 IST
By Santa Banta News Network
Barely two months since Bhushan Kumar's company Super Cassettes Industries Pvt Ltd (SCIPL, also known as T-Series) and Blue Whale Motion Pictures (BWMP, comprising Mahesh Bhupati and Virendra Arora, and represented in their business dealings through Prerna Arora and Arjun N Kapoor) entered into an MoU (Memorandum of Understanding) to jointly produceNamastey Englandstarring Akshay Kumar to be directed by Vipul Shah, things have soured between the two production houses.

In a complaint to the police, the former accuses the latter of having set up dummy companies/entities and entered into agreements and negotiations in respect of the film's rights. The complaint also states that Bhupathi's company has entered into agreements worth Rs 75 crore in respect of the worldwide rights of the movie.

SCIPL's contention - that when a production house has got into an agreement with another to make a film, it's unfair and unethical of the second company to sell the rights to third parties - is very much fair and valid. Moreover, they had also paid BWMP a certain amount on signing the MoU and had further invested in skill, labour and time towards the making of the film and the music.

However, following reports of BWMP making the said film with another company instead, SCIPL decided to take due legal action. The latter's complaint also states, "BWMP has knowingly and with a view to earning wrongful gains for itself and at the same time for causing wrongful loss to the SCIPL, entered into arrangements with third parties relating to producing the same film containing the same story, same star cast, same director and related staff without the consent or the knowledge of the SCIPL. Such agreements with third parties could not have been entered into by BWMP otherwise than by making illegal disclosures of the confidential information and trade secrets provided by or obtained from SCIPL."

SCIPL's complaint maintains that "BWMP is continuing with its devious plans of producing the said film through its dummy companies/related concerns knowingly and dishonestly violating the valuable property rights of SCIPL."

Ajay Kapoor of SCIPL says, "We have a valid, subsisting and irrevocably binding MoU dated June 10, 2015, wherein T-Series is co-producing the filmNamastey Englandand is one of the owners in the IP of the film. Further, all rights in the music and audio visual of the said film have also been assigned in our favour. Any attempt by any party to circumvent and/or negate the said MoU or wriggle out of the contractual obligation shall tantamount to copyright infringement, fraud, unfair business practice, dishonestly misappropriating property, criminal breach of trust, cheating, breach of confidentiality and wrongful disclosure of confidential information. We shall take all necessary steps to safeguard our rights and shall not hesitate in taking steps to file criminal complaints against all those involved in violating the terms of the agreements."

We sent a text message to Mahesh Bhupathi, but he didn't respond till the time of going to press.
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