DIAMOND COMIC PVT LTD Vs. RAJA POCKET BOOKS

JUDGEMENT

(1.) -This judgment will dispose of plaintiffs' suit for injunction restraining infringement of copyright, rendition of accounts and damages, etc. filed against defendants in respect of character Shaktimaan. The plaintiffs contend that plaintiff No. 1 is a limited company and plaintiff No. 2 is a director and the suit is signed, verified and instituted by Mr. Gulshan Rai, plaintiff No. 2.Plaintiff No. 1 is a leading printer and publisher of authorized books including comic books and is popularly known as Diamond Comics and is engaged in said business for past 50 years. It was further contend that they have a large dealers network of around 5000 wholesale and retail sellers. The plea of the plaintiffs is that defendant No. 3 director and producer of serial Shaktimaan entered into an agreement on 1st February, 1998 whereby exclusive copyright to illustrate, print and publish the character 'Shaktimaan in the form of comic book were assigned. Pursuant to assignment of rights in the character 'Shaktimaan' the plaintiffs brought a comic book in the month of June, 1998 followed by different issues in successive months in 1998 and in February and March, 1999. The royalty under the terms of the deed of assignment dated 1.2.1998 at the rate of 7.5% per annul of the printed price were to be paid in advance, the details of which were given by the plaintiffs. The plaintiffs contended that they spend more than Rs. 83 lakh on publicity and advertisement of the comic "Shaktimaan" and 50% of the revenue generated through advertisers and sponsored was duly paid to defendant No. 3 from time-to-time.

(2.) The plaintiffs contended that by raising frivolous plea of breach of agreement/assignment, a notice was given by defendant No. 3 to plaintiff which was received on 16th December, 1998 allegedly terminating the deed of assignment dated 1st February, 1998. The notice was replied by the plaintiffs' attorney vide letter dated 21st December, 1998 communicating categorically that deed of assignment was irrevocable and alleged termination was not within his competence, purview and jurisdiction. It was communicated to defendant No. 3 that the right of the plaintiffs was absolute and also extended to the period subsequent to the period which was stated in the agreement in terms of Clause 12 of the said agreement/deed of assignment.

(3.) The pleas and contentions raised by the plaintiffs in their reply dated 21st December, 1998 were not replied by the defendant No. 3 rather further issues were raised. Thereafter defendant No. 3 published a notice in the issue of 16th February, 1999 of Indian Express reporting that defendant No. 3 has tied up with Mr.Vishwas Mohan of Virat fame and collaborated with Raj Comics defendant No. 2 with a view to come with a new series called Virat Comics for the purpose of illustrating, printing and publishing the character 'Shaktimaan' in the form of comic book. On coming to know about it, the plaintiffs through their attorneys letter dated 18th February, 1999 called upon the defendant No. 3 to explain about the illegal collaboration between them and defenant Nos. 1 and 2. Defendant No. 3 vide its reply 26th February, 1999 again raised pleas of termination of deed of assignment dated 1st February, 1999.