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2017 Supreme(Bom) 426

G.S.PATEL
Zee Entertainment Enterprises Ltd. – Appellant
Versus
Sony Pictures Networks India Pvt. Ltd. – Respondent


Advocates Appeared:
For The Plaintiffs (“Zee”) : Mr. R.M. Kadam, Mr. Rashmin Khandekar, Mr. Rohan Kadam, Mr. Kunal Parikh, i/b Thakore Jariwala & Associates
For the Defendants (“Sony”) : Dr. V.V. Tulzapurkar, Mr. Sandip Parikh, Mr. Prakash Shah, Mr. Prasad P. & Jas Sanghavi, i/b PDS Legal, Mr. J.D. Dwarkadas, Mr. Ankit Lohia, Ms. Saveena Bedi, i/b Lawhive Associates

JUDGMENT :

1. This is a quia timet copyright infringement and passing off action. It relates to what is sometimes described as a reality show, but is perhaps more accurately a televised talent hunt. The Plaintiff, Zee Entertainment Enterprises Ltd (“Zee”) claims that its popular show India’s Best Dramebaaz, a televised talent hunt for child actors in the 5–12 year age group has been illicitly copied by the 1st Defendant, Sony Pictures Networks India Private Limited (“Sony”). Zee says Sony has infringed its copyright in its concept note and ‘production bible’. Defendant No. 2 is a production company (“Frames”) of which Defendants Nos. 3 and 4 are directors of Frames. Defendant No. 5 was once employed by Zee but now works for Sony as its Chief Creative Director.

2. The heart of this plaint is paragraphs 7 to 10 and it is best that I set these out at the head of this judgment:-

“7. In or around 2004, the Plaintiff conceived a nonfiction television series being a talent hunt for aspiring actors. The object of this television series was to bring to the fore quality acting talent from across India, groom the said talent and showcase the same to the public at large. The name of this show was









































































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