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IP Case Law › Copyright › Sholay Media and Entertainment Pvt. Ltd. & Anr. v. Parag San…

Copyright Ragulika IP case note

Sholay Media and Entertainment Pvt. Ltd. & Anr. v. Parag Sanghavi & Ors.

CourtDelhi High Court
BenchHon'ble Justice Manmohan Singh
Case numberCS (OS) 1892/2006
Judgment date24 August 2015
IP categoryCopyright
PartiesSholay Media and Entertainment Pvt. Ltd. & Anr. (Plaintiffs) v. Parag Sanghavi & Ors. (Defendants)

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

View judgment (court website)