Kantara Movie: Injunction on use of "Varaha Roopam" song stands lifted after Kerala Court returns second plaint

A Kerala court on Saturday returned the plaint filed by Mathrubhumi Printing and Publishing Ltd (MPPCL) against the producer of Kantara movie, Hombale Films in relation to the copyright dispute regarding the use of the song "Varaha Roopam" in the movie..The Palakkad Principal District and Sessions Court returned the plaint on the ground that it is the Kozhikode District Court that has jurisdiction as the registered office of the plaintiff, MPPCL is in Kozhikode.With this, no injunction currently subsist against Kanatara movie makers regarding the use of the song "Varaharoopam".Earlier, the Palakkad District Court and Kozhikode District Court had both passed separate injunction orders against the movie's producers restraining them from using the song. The Kozhikode court had returned the plaint first citing jurisdictional issue. With the Palakkad court also returning the plaint, the makers can now use the song in the movie. .Released on September 30, 2022, Rishab Shetty's blockbuster Kannada movie Kantara, and its music composer B Ajaneeshh Loknath soon faced allegations of copyright infringement around the song 'Varaha Roopam'.Kerala based music band Thaikkudam Bridge alleged that the song was a rip-off of one of its songs 'Navarasam', released over five years ago.The band quickly took to social media and informed its listeners that Thaikkudam Bridge was in no way or form affiliated with the film and that they would be initiating legal action.It then filed a suit before the Kozhikode District court.Subsequently, MPPCL, which is the copyright holder of “Navarasam” filed a suit before Palakkad District court.Both Palakkad District Court and the Kozhikode District Court initially passed temporary injunction orders restraining the makers of the movie from using the song “Varaha Roopam” on streaming platforms and in movie theatres.On November 24, the Kerala High Court dismissed a plea filed by Hombale Films against ad-interim injunction orders passed against the use of the song in the movie. Subsequently, the Kozhikode District Court had ruled that the suit by Thaikkudam Bridge was not maintainable.However, on 1 December, the Kerala High Court on Thursday stayed this order of the Kozhikode District Court.The Kerala High Court, however, clarified the next day that just because it had stayed the order of the trial court returning Thaikkudam Bridge's plaint for re-presentation, it will not result in a revival of the earlier injunction orders passed by the trial court against the "Varaharoopam" songThus, the movie makers are free to use the song for now.