ANIL GUPTA Vs. KUNAL DASGUPTA

JUDGEMENT

(1.) Plaintiff no.1 is a media consultant,plaintiff no.2 is a company duly incorporated under the Companies Act, defendant no.l is the Chief Executive Officer of defendant no.2-Soni Entertainment Television, defendant no.3 is a company incorporated under the laws of Singapore, which is the principal holding company of defendant no.2, defendant no.4-UTV Ltd. is a television production house having its regd. office at Mumbai.

(2.) It has been claimed that plaintiff has got very good reputation in his field of activities and has introduced commercial sponsored programme of Doordarshan and has been associated with serials such as 'Buniyad', 'Rajni' etc. and the first telefilm 'Janam'. He has been the founder member and convener of the Indian Broadcasters Association. The plaintiff set up a company in the year 1995 called 'A to Z Entertainment Pvt. Ltd.', which was later renamed as 'Taal India Communications Pvt. Ltd.'- plaintiff no.2.

(3.) It is the case of the plaintiff that in the year 1996, plaintiff conceived the idea of producing a reality television programme containing the process ^ of match making to the point of actual spouse selection in which real everyday ordinary persons would participate before a TV audience. Mr.Sibal, learned senior counsel for the plaintiffs has contended that plaintiff devised a unique and novel concept for a TV show in which it would be the prerogative of a woman to select a groom from a variety of suitors. The plaintiff decided to name the concept 'Swayamvar' knowing that a large number of people would associate the name with the idea of a woman selecting a groom in a public fora and that would create the necessary instantaneous recall and recognition of mythological swayarovar in the minds of a large number of people and give the program a head-start. The aforesaid concept titled 'Swayamvar' was disclosed in early 1997 by the plaintiff to his wife and one Mr.K. Chandrasekharr Plaintiff applied for registration after developing the concept as a literary work under the Copyright Act. The work was registered and a certificate was issued in favour of the plaintiff on 17/12/1997. Some of the essential elements of the programme as contained in the copyright concept note was to the following effect : 1. A real life entertainment program about a real life situation. 2. A half-hour long, proposed studio-based television show, also flexible enough and capable of being shot outdoors for longer stretches of time. 3. Providing the thrill of matchmaking. 4. Specifically, providing a platform for marriageable girls to select a spouse from an array of suitors. 5. Parents of the girl and suitors to be associated with the entire process. 6. The participating eligible men to be selected/short-listed by the producers prior to the show. 7. Producers will ensure that there is no duplicity or foul play. 8. Mediation by a mature, articulate, vibrant anchorwoman. 9. Empowerment of women by promoting secular and progressive spouse selection.