The Madras High Court today allowed the release of Vijay-starrer Tamil movie 'Mersal' as scheduled on October 18.
The court had previously restrained the producers of the film from using the word ‘Mersal’ in its title on a civil suit filed last month.
The suit was filed by A Rajendran of 'Film Factori' production house, who submitted that he had commenced production of 'Mersalaitan' in August last year, but was shocked to know that there was another film titled 'Mersal.'
Vacating the interim injunction, Justice Anitha Sumanth said the "entire case of the applicant is based on the premise of probabilities and assumptions - assumed right to the title, assumed prejudice to reputation caused by non-existent use of the film title and assumed deception by the respondents."
"The prayer, for passing off simplicities, cannot be sustained in the facts and circumstances of this case," the judge said and dismissed the original application.
The counsel for the producers Thenandal Studios Ltd and Sri Thenandal Films argued that the word 'Mersal' is a generic word in Tamil over which none could claim exclusive rights.
The registration of a title with the Tamil Nadu Tamil Film Producers Council is solely to serve the purpose of avoiding duplication of titles and does not create any other enforceable right over such title, the counsel said.
In Kerala, however, ’Mersal’ is facing stiff opposition from the Film Distributors Association (FDA), which has directed theatres in the state not to release it as the losses incurred for Vijay's ‘Bairavaa’ are yet to be settled.
In a statement, FDA has urged the theatres to extend support and not facilitate the release of the film.
Global United Media (GUM), the Kerala distributor of Mersal, is hopeful the matter will be resolved.
This is not the first time the company, popular for distributing Baahubali franchise, has been targeted.