High Court of Bombay

Narendra Mohan Singh and Ors. v. Ketan Mehta and Ors.

MANU/MH/2002/2015

20.08.2015

Intellectual Property Rights

Motion for injunction against 'Manjhi – The Mountain Man' dismissed by Bombay High Court

The Court dismissed a motion for injunction against the film, 'Manjhi – The Mountain Man', for infringing copyright vested in the Plaintiffs' script. The Plaintiffs claimed that the Defendants had incorporated ideas from an early, “basic screenplay” of theirs. In a comparison of the two scripts, the Court found no reason for grant of an injunction. It contrasted between the “coherence and consistency of the Defendants' case”, as against the Plaintiffs who failed to establish a breach of confidence or infringement of copyright. The Court noted that the Plaintiffs were aware for two years that the film was being produced and their attempts to get an injunction just prior to the launch was only an attempt to forestall an unimpeded release.

Relevant

Beyond Dreams Entertainment Pvt. Ltd. and Ors. vs. Zee Entertainment Enterprises Ltd. and Ors. MANU/MH/0488/2015
R.G. Anand vs. Delux Films and Ors. MANU/SC/0256/1978
Zee Telefilms Ltd. v Sundial Communications Pvt. Ltd. & Ors. MANU/MH/0243/2003

Tags : Film injunction prior awareness

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