Copyright Infringement: Bombay HC Refuses To Stay Release Of Film ‘I Love You’

The Bombay High Court recently refused to stay release of Hindi film ‘I Love You’ in a plea filed against the makers of the film by Lions Gate India LLP (LGIL) alleging copyright infringement.

A single bench of Justice RI Chagla passed the order in a copyright infringement suit by LGIL which claimed that producers of “I Love You” had infringed their exclusive right to remake the American film “P2”.

In the suit filed through ANM Global, LGIL claimed that the producers of “I Love You” violated their exclusive rights to remake the American film “P2”. They sought an injunction against the film’s producers and Viacom 18 Media Pvt. Ltd., the right holder of the infringing film, to prevent its release.

LGIL stated that Summit Entertainment, an American entity, owned all copyrights of P2 and had granted LGIL the exclusive license for the Hindi remake rights. However, Athena E&M LLP remade and produced the infringing film without LGIL’s authorization.

LGIL learned on June 5 that the infringing film was scheduled for release on June 16, 2023, on Viacom’s online platform.

In response, LGIL filed a lawsuit in the High Court seeking a stay on the film’s release and an injunction against the makers claiming copyright over the film. They also demanded ₹10 crores in damages from the makers, including Viacom 18 Media.

LGIL argued that the court needed to examine the presentation, expression, and dramatic features of both films to determine infringement.

The producers of the film, Athena EnM LLP along with Sunil Khetarpal, denied all allegations and insisted that their film was completely original. Viacom also opposed the requests made by LGIL.

The single bench expressed reluctance to grant a stay on the film’s release and requested responses from the defendants regarding the urgent reliefs sought by LGIL.

The bench scheduled the matter for further hearing after a week.