CELADOR PRODUCTION LIMITED Vs. GAURAV MEHROTRA

JUDGEMENT

(1.) M/s Celador Productions Ltd., plaintiff has filed the present suit for a permanent injunction to restrain the defendants, his servants, representatives or distributors from running any web site using the name crorepatikaun.com or KAUN BANEGA CROREPATI as their second level domain name or using the name in any manner whatsoever, to offer on line game based on the format of the programme and its distinctive features similar to that of the plaintiff or using any other mark including a domain name which is deceptively similar to the names 'Who wants to be a Millionaire'. It also seeks a permanent injunction to restrain the defendants, its licenses distributors etc. from advertising directly or indirectly or running any web site containing pictures/screen shots with or without circular logo having distinctive lay out and colour arrangement of Amitabh Bachan as the host of the plaintiffs game KAUN BANEGA CROREPATI or containing any on line game having similar format of the programme/questions, lifelines, money tree or other distinctive features of KAUN BANEGA CROREPATI. In addition to that damages of Rs. 5 lakh and for delivery of all goods, games, material literature, stationary or any other infringing material in the possession of the defendants is claimed.

(2.) The facts alleged are that the format of the programme mho wants to be a Millionaire had been devised by David Briggs, Mike whitehill, Steve Knight and Paul Smith. The programme to Entertainment Developments Ltd., a sister company of the plaintiff by virtue of an agreement dated 20th July, 1998. David Briggs agreed to assign all the relevant rights in the format of the programme by virtue of agreement of 25/01/1997. Paul Smith is and was the Chairman and Executive of Entertainment Development Ltd as well as Managing Director of the plaintiff. In this process the plaintiff claims that it is the legal and beneficial owner of the copyrights/intellectual property rights. In India rights to produce the Hindi equivalent of the programme under the title KAUN BANEGA CROREPATI have been granted to News Television India Ltd, a member of the Star TV Group.

(3.) It has been pleaded that programme (who wants to be a Millionaire) is a television quiz show in which members of the public compete for cash prizes. Entry to the competition is by way of a premium rate telephone number which is widely advertised. By a combination of random selection and general knowledge questions, ten contestants are ultimately invited to take part in the first part of the programme in the studio. In this part called the Fastest Finger they are asked general knowledge questions which involve placement of sequence of four items in order. The contestant who does correctly and in the fastest time, takes the chair for the main part. The presenter asks the contestant general knowledge question and read out four potential answers etc. The competition continues with each round having won prizes. Added element of risk for the contestant is that at certain stages of competition if he gets the answer wrong he or she will loose the money. As the competition proceeds the questions are stated to become more and more difficult.it has been mentioned that each contestant is allowed to bring a friend of relative to the studio and as such the contestant takes the chair. The friend or relative is highlighted.