( 2 ) THE suit is filed for a perpetual injunction restraining the Defendants from infringing the Plaintiff s copyright in the literary work and cinematograph film embodying the television game show "titan Antakshari" being broadcast on its television channel "zee" since september, 1993 inter-alia by Defendant No. 3 broadcasting the television game show "antakshari The Great Challenges". The plaintiff has also sought an order restraining the Defendants from making and broadcasting the television game show "antakshari The great Challenge" and/or using the content and/ or presentation and/or the word "antakshari" in relation to any television game show so as to pass off such show as being a television game show associated with and/or authorized by and/ or having any connection with the Plaintiff s game show "titan Antakshari". Finally the plaintiff has sought damages and an order for delivery up and destruction of the infringing material. The Plaintiff's case :

( 3 ) THE Plaintiff claims to be one of india's largest entertainment companies with its operations spread across several countries in the world engaged inter-alia in content and broadcasting including film production and distribution consisting of production, activation and distribution of films and programmes and aggregation of TV software and syndication, mso Operations, distribution of satellite channels and internet over cable. The Plaintiff claims to be well-known throughout the country and in large parts of the world. Defendant No. 2 carries on business of production of programmes and serials for television channels. Defendant No. 3 carries on inter-alia similar business as that of the Plaintiff.

( 4 ) WITH effect from 23. 7. 1992, defendant No. 1 was employed by the Plaintiff under a contract of service on the terms and conditions stipulated in an appointment letter dated 22. 6. 1994. Though Defendant No. 1 is designated therein as a Consultant, his engagement with the Plaintiff was under a contract of service and not a contract for service. Thereafter, by a letter dated 1. 4. 1999, the Plaintiff appointed Defendant No. 1 as programme Director on the terms and conditions stipulated therein.

( 5 ) THERE is no dispute between the parties that with effect from 1. 4. 1999, defendant No. 1 was engaged by the Plaintiff under a contract of service. The dispute between the parties is whether between 23. 7. 1992 and 1. 4. 1999, Defendant No. 1 was engaged by the Plaintiff under a contract of service or whether his engagement constituted a contract for service. According to the Plaintiff, Defendant no. 1 was under a contract of service with the plaintiff since inception. According to the defendants, the engagement by the Plaintiff of defendant No. 1 constituted a contract for service from inception till 1. 4. 1999.

( 6 ) DURING the course of his employment with the Plaintiff, Defendant No. 1 in consultation with other senior employees and the Plaintiff's programming team originated the format of a television game show titled 'antakshari' and reduced the same to writing in the form of a concept note. The show was to be a departure from the traditional Antakshari game; the concept note is a literary work within the meaning of the Copyright Act, 1957 and the Plaintiff had and has the exclusive right to reproduce the same and to issue copies of the works to the public.

( 7 ) THE concept note was converted into a game show and filmed on betacam cassettes which were shown to various sponsors. In September, 1993, the programme commenced on the Plaintiff's TV channel "zee tv" and was known as Close Up Antakshari as Hindustan Lever Limited had sponsored the same for its toothpaste Close Up. The sponsorship continued upto 2002 with only a four month break in between. Thereafter the show was known as Sansui Antakshari in view of the new sponsor. The telecast of the programme under the spons