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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT S.JAMSANDEKAR
Everest Entertainment LLP – Appellant
Versus
Mahesh Vaman Manjrekar – Respondent
JUDGMENT :
AMIT S. JAMSANDEKAR, J.
1. When the above-listed Suit and the Interim Application filed by the Plaintiff were called out today, Mr. Suryawanshi, the Learned Counsel appearing for the Plaintiff, Mr.Bhadbhade, the Learned Counsel appearing for the 1st Defendant, Mr. Soman, the Learned Counsel appearing for Defendant Nos. 2, 3, 5 and 6 and Mr. Mehta, the Learned Counsel appearing for the 7th Defendant, on instruction submitted that their respective clients do not have any objections if this Bench hears the matter. They further submitted that their respective clients have instructed them to give an undertaking to the Court that no objection shall be raised by them at any time or in any proceedings. Accordingly, the statements made on behalf of the Plaintiff and the Defendants are accepted as an undertaking to this Court.
2. The Suit was filed on 10.10.2025, and the 1st Application was made by the Plaintiff seeking ad-interim reliefs on 16.10.2025, when the Court taking Intellectual Property (I.P.) assignment recused to hear and therefore, the Interim Application of the Plaintiff was heard by another Bench of this Court on 17.10.2025. On the statement of the Learned Senior Couns
The Court emphasized that the Plaintiff's gross delay in seeking relief precluded equity, and found no substantial similarity or evidence proving copyright infringement or passing off.
There can be no copyright in an idea, subject-matter, themes, plots or historical or legendary facts and violation of the copyright in such cases is confined to the form, manner and arrangement and e....
The court confirmed that copyright protection extends to expression forms, not ideas, and prima facie establishment of similarity warrants injunction relief.
Delay in approaching the court, awareness of the film release, and financial repercussions were crucial in the court's decision to reject the injunction.
The burden of proving ownership of copyright lies with the plaintiff, and failure to disprove the defendant's contentions can lead to dismissal of the suit.
The unauthorized use of a celebrity's name and personality attributes for commercial purposes constitutes an infringement of personality rights, warranting injunctive relief.
Copyright law protects expressions of ideas, not the ideas themselves; thus, claims based on unprotectable elements fail to establish infringement.
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