D.K. Deshmukh JUDGMENT
A.P. Shah, J.
1. These are appeals from an order of Bobde J. granting ad-interim injunction restraining the defendants from infringing the copyright of the plaintiffs' original work titled "Krish Kanhaiyya" and proceeding further with broadcasting of their television serial "Kanhaiyya". In view of the peculiar facts and circumstances of the case and the nature of dispute, the parties have agreed that Notice of Motion should itself be disposed off at this stage.
2. This suit has been brought by the plaintiffs against the defendants for breach of copyright and misuse of confidential information. The claim is for various relief's in respect of the plaintiffs' work titled 'Krish Kanhaiyya'. In essence, the plaintiffs' case is as follows. The plaintiff No. 1 is a Company engaged in the business of television programming, video programming, multi media programming and feature films, television serial production etc. It consists of a group of entrepreneurs, who have worked in different television networks and who then decided to start their own business in January 2002. With this in mind, they have come up with various creative concepts for television programmes, which they intend to produce for television networks for broadcasting thereon. According to the plaintiffs, by the custom of their business, the concepts generated by them are registered with Film Writers' Association and the titles for such programmes are registered with Indian Motion Pictures Producers' Association. The concepts generated are expressed through concept notes, character sketches, detailed plots and episodes, main story lines that are put down in writing. It is this written expression of their original concepts and ideas which are registered with Film and Writers' Association and the title under which such concepts are sought to be translated into audiovisual form and telecast is registered with Indian Motion Pictures Producers' Association. Apart from this, the concepts are also translated into audiovisual form through production of what is known as a pilot, which is na audiovisual representation produced on videotape and representative of some episodes, which will subsequently be duly reproduced in finished form for the purpose of telecasting.
3. In or about January 2002, immediately after incorporation of the plaintiff No. 1 Company, the plaintiffs worked on various concepts and came up with a concept titled 'Kanhaiyya' which was registered with the Film Producers' Association on 22nd February 2002 in the name of plaintiff No. 2, who is an employee of the plaintiff No. 1. The first concept, as registered, was based on a family where 'Kanhaiyya' who is an avatar of Lord Krishna, appears as a child and is a succor to them and helps them. He plays with them, performs small miracles for them. If they behave badly or fight, he goes back. He adds joy and happiness to the entire family. The idea was thereafter evolved into various episodes and different adventures. Subsequent to this, the plaintiff No. 1 and its various employees, including the plaintiff No. 2 worked further on the theme and concept of 'Kanhaiyya' and evolved it in greater detail. This was duly incorporated in the concept notes annexed to the plaint at Exhs. 'B' and 'C'. Around the second week of April 2002, the employees of the plaintiff No. 1 presented the concept under the title 'Kanhaiyya' to Ms. Vinta Nanda, the then Director - Ideation of defendant No. 1 and other employees of the defendant No. 1. The presentation was made with a clear understanding that it was confidential and will not be used, exploited in any manner other than through the plaintiffs, it being the plaintiffs' original ideas, concepts, thoughts and expressions, with the copyright vesting in them ........