RAJA POCKET BOOKS Vs. RADHA POCKET BOOKS

JUDGEMENT

(1.) The plaintiff in this application is seeking temporary injunction against the defendant from circulating cover jackets, stickers or any other advertisement material promoting the impugned character under the impugned name "NAGESH", in any manner whatsover, so as to be likely to amount to infringement of the plaintiff's copyright in the character "NAGRAJ".

(2.) The plaintiff in the suit filed against the defendant has claimed a decree for declaration to the effect that the copyright in the comic series NAGRAJ and the character of "NAGRAJ" vests in the plaintiff and the intention of the defendant to bring out comic series under a closely resembling title and having a "NAGRAJ- like" character as its hero, is unjustified and would amount to misrepresentation. In addition to praying for a decree for declaration, the plaintiff has also prayed for decree for injunction restraining the defendant, its distributors, servants, agents and representatives from circulating cover jackets, stickers or any other advertisment material promoting the impugned character of "NAGESH" in any manner whatsoever so as to likely to amount infringement of the plaintiff's copyright in the character "NAGRAJ" and for rendition of accounts of profits illegally made by the defendant by encashing upon the plaintiff's reputation and good will.

(3.) The suit is founded on the allegation that the plaintiff is engaged in the business of publishing and distribution of paper back novels, books and comics for the last several years. Among the various comic book s published by the plaintiff is a series titled "NAGRAJ", which is immensely popular especially among the younger generatioon. The first issue of the comic series titled "NAGRAJ" was brought out in March, 1986 and since then the plaintiff has published 22 issues and sold approximately 15,21,500 copies of the comic book series under the said title. A list of all the titles of the said series is attached as Annexure-A to the plaint. The plaintiff claims total turnover from the sale of NAGRAJ comic from 1986 till the date of filing of the suit to the tune of around Rs.50,00,000.00 , which according to the plaintiff is an indicium of the mass appeal of the comic series. In addition the plaintiff claims to have spent a sum of Rs.8,00,000.00 in advertisement and publicity through television, radio, magazines etc. It is claimed that the central character of the series is a fictitious being bearing a similar name as that of comic series, namely, NAGRAJ. The character depicted in the plaintiff's comic book series is attired in a green coloured body stocking giving the impression of serpentine skin and red trunks with a belt, which appears to be a snake. The character of NAGRAJ, according to the plaintiff was designed for and on behalf of the plaintiff by late Shri Jagdish Pankaj in June, 1985, who executed an assignment in plaintiff's favour in respect of the copyright. Later Shri P.Mullick, a professional artist, continued to create the series revolving around the exploits of the said character "NAGRAJ" for and on behalf of the plaintiff. Accordingly, it is claimed that the plaintiff own the copyright in the comic book series titled NAGRAJ as well as in the fictituous character of NAGRAJ, its get up and appearance. The plaintiff also owns the copyright in the situations, incidents and the main idea running through each of the episodes of the NAGRAJ series. The plaintiff, therefore, has the exclusive right to print, publish and sell the same in any material form. The name of the character or hero of the plaintiff's comic NAGRAJ is also a trade mark and the plaintiff is the common law proprietor of this trade mark.