JUDGMENT : [PRAYER: Plaint filed under Order IV Rule 1 of O.S.Rules Read With Order VII Rule 1 of Civil Procedure and Section 2(1)(c)(xvii) Read With Section 7 of the Commercial Courts Act, 2015 and Sections 60 of the Copyright Act, 1957 prayed for Judgment and Decree:- (a) Declaration that the threats held out by the Defendant vide legal notice dated 30.09.2021 against the Plaintiff of infringement of the Defendant's alleged copyrights in the Malayalam language title 'Bhramam' are groundless and unjustified; (b) Permanent injunction restraining the Defendant, its men, agents, servants, employees, licensees, distributors and anyone claiming through or under the Defendant from in any manner interfering with the Plaintiff's exhibition and exploitation of its Malayalam language cinematograph film titled 'Bhramam'; (c) For an order of the costs of the suit in favour of the Plaintiff.] The suit was filed under Section 60 of the Copyright Act, 1957 seeking a declaration that the threats of infringement by the defendant are baseless and for a consequential permanent injunction in respect thereof. Suit summons were served on the sole defendant on 14.12.2021. In spite of service of summons and the printing of the name of the defendant in the cause list, there was no representation for the defendant. Therefore, by order dated 10.03.2022, the defendant was set ex parte. 2. The plaintiff filed a proof affidavit through G. Senthil Kumar, Chief Technology Officer, who was proposed to be examined as P.W.1. Consequently, the matter was listed before the learned Additional Master No.I on 08.04.2022 for recording the evidence of P.W.1. P.W.1 was examined on various dates and the ex parte evidence was closed on 06.06.2022 after exhibiting Exs.P1 to P10. 3. The plaintiff refers to the notice dated 30.09.2021 from the defendant and contends that the said notice constitutes a groundless threat. In order to justify such contention, the plaintiff asserts that it is the producer of the Malayalam feature film BHRAMAM and that the said film is a remake of a Hindi film. According to the plaintiff, the contention of the defendant that it has a copyright in the title of the film BHRAMAM, which the defendant released on 17.06.2016, is misconceived. Therefore, upon receipt of the above mentioned notice, the plaintiff issued a reply dated 06.10.2021. 4. According to the plaintiff, the contention of the defendant that it has a copyright in the title of the film BHRAMAM, which the defendant released on 17.06.2016, is misconceived. Therefore, upon receipt of the above mentioned notice, the plaintiff issued a reply dated 06.10.2021. 4. The plaintiff also states that it released the movie on 07.10.2021 and that it expended considerable sums of money in producing, advertising and exhibiting the movie. 5. Upon examining the evidence adduced by the plaintiff, it is clear that the plaintiff is the producer of the feature film BHRAMAM as evidenced by the Censor Certificate, which has been exhibited as Ex.P2 and Exs.P6 to P9. The photocopy of the lawyer's notice issued by the defendant to the plaintiff on 30.09.2021 is exhibited as Ex.P3 and the reply thereto from the plaintiff dated 06.10.2021 is exhibited as Exs.P4 and P5. On examining the said evidence and by taking into account the fact that the defendant remained ex parte and did not choose to controvert the evidence, the plaintiff is entitled to succeed. 6. Accordingly, C.S.(Comm.Div.) No.96 of 2021 is decreed in terms of prayers (a) and (b) of paragraph 17 of the plaint. As regards the prayer for costs, the defendant shall pay costs assessed in a sum of Rs.1,50,000/- towards court fees, lawyer's fees, witness and other expenses. Plaintiff's Witness : P.W.1 - Mr. G. Senthil Kumar Documents exhibited by the Plaintiff : Exhibits Documents Ex.P1 Original Authorization Letter. Ex.P2 Photocopy of the Central Board of Film Certification (Censor Certificate) numbered as DIL/2/29/2021-THI dated 30.09.2021. (verified with original and returned) Ex.P3 Photocopy of the legal notice issued by the defendant to the plaintiff dated 30.09.2021. (verified with original and returned) Ex.P4 Office copy of the reply notice issued to the legal notice by the plaintiff's counsel dated 06.10.2021. Ex.P5 Office copy of the reply notice vide e-mail issued to the legal notice by the plaintiff's counsel dated 06.10.2021. (along with 65B certificate) Ex.P6 Photocopy of the certificate issued by the South Indian Film Chamber of Commerce in favour of the plaintiff for the title 'Bhramam' dated 07.12.2020 (affidavit filed). Ex.P7 Photocopy of the clearance certificate issued by the Film Publicity Clearance Committee of the South Indian Film Chamber of Commerce in favour of the plaintiff for the title 'Bhramam' (affidavit filed). Ex.P7 Photocopy of the clearance certificate issued by the Film Publicity Clearance Committee of the South Indian Film Chamber of Commerce in favour of the plaintiff for the title 'Bhramam' (affidavit filed). Ex.P8 Photocopy of the certificate issued by the Animal Welfare Board of India for the plaintiff's film 'Bhramam' dated 31.03.2021 (affidavit filed). Ex.P9 Photocopy of the confirmation letter issued by the Kerala Film Producers' Association affirming the plaintiff's title 'Bhramam' dated 30.06.2021 (affidavit filed). Ex.P10 Photocopy of the legal notice issued by the defendant to the plaintiff dated 30.09.2021 (affidavit filed).