Madras HC rejects Netflix India's plea to dismiss Dhanush's suit against Nayanthara

Chennai: The Madras High Court has dismissed an application filed by Netflix India (Los Gatos) seeking to reject a lawsuit by actor-producer Dhanush's production company, Wunderbar Films, over alleged copyright infringement involving the documentary Nayanthara: Beyond the Fairytale.

Justice Abdul Quddhose ruled against Netflix India's plea and stated that the court would hear Wunderbar's interim injunction application on February 5, 2025.

Dhanush, who produced the film Naanum Rowdy Dhaan, alleged that behind-the-scenes footage from the movie was used without authorisation in Nayanthara’s documentary, which was produced by Netflix. Since Netflix India's office is based in Mumbai, outside the Madras High Court’s jurisdiction, Dhanush had sought and obtained leave to sue the company in the High Court.

Netflix India argued that the plaintiff had only sought leave to sue the fifth defendant (Los Gatos – Netflix India) and not all other defendants, as required under the Copyright Act and the Letters Patent Act.

The platform also pointed out that a photo of Nayanthara and Vignesh Sivan from the movie set was shared on social media in 2020, yet the plaintiff had not raised objections until after the documentary's release in 2024. Netflix further argued that the lawsuit was filed a week after the documentary’s release, demonstrating no urgency that would justify bypassing the mandatory pre-suit mediation process under Section 12A of the Commercial Courts Act.

Senior Advocate PS Raman, representing Dhanush, countered that everything related to the movie set, including costumes and behind-the-scenes material, was the intellectual property of the producer. He argued that copyright infringement occurred only when the unauthorised footage was used in the documentary.

Raman noted that an email had been sent to the defendants after the documentary’s trailer was released, asking them to desist from using the footage. However, it was only after the documentary's release that the extent of the footage used became clear, prompting the lawsuit.

Raman also highlighted that Nayanthara had signed a contract agreeing that her appearance in the film, including costumes and hairstyles, was the producer's copyright. Thus, he argued, any usage of such material in connection with the film without permission constituted a breach of copyright.

The court dismissed Netflix India’s plea, allowing the case to proceed. The matter will next be heard on February 5, 2025, when the court will consider Wunderbar Films' interim injunction request.
(With LiveLaw inputs.)