IP Case Law › Copyright › Sholay Media and Entertainment Pvt. Ltd. & Anr. v. Parag San…
Relevant Acts and provisions
Provisions considered: Copyright Act, 1957; Trade Marks Act, 1999
Brief facts
The owners of rights in the film SHOLAY sued the makers of a later film and related parties, alleging infringement of copyright in SHOLAY and of the SHOLAY trade mark through a remake and associated use.
Issues before the Court
Whether the defendants infringed the plaintiffs' copyright and trade mark rights in SHOLAY.
Court's findings
The Court decreed the suit for permanent injunction in the terms set out in para 38 of the judgment, rejected other reliefs as not pressed, and imposed costs on defendants 3 to 6.
Decision
Suit for permanent injunction decreed as per para 38; defendants 3 to 6 to deposit Rs. 50,000 costs with the Prime Minister's Relief Fund within four weeks.
Key legal principle / ratio
Rights in a famous film, including copyright in the cinematograph film and its title used as a trade mark, may be protected by permanent injunction against unauthorised remakes and associated use.
Important paragraph references
Para 38: terms of injunction; paras 45-48: decree and costs.
Important: This case note is a research summary only. It must be verified against the full judgment by a qualified lawyer, advocate or patent/trade mark attorney before any reliance. Do not rely on it as legal advice; Ragulika IP accepts no responsibility for its accuracy or for any action taken on it.
Keywords
Cinematograph Film Copyright Infringement Film Title Permanent Injunction Remake Trade Mark
Read the judgment
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