JUDGMENT

The dispute between two channels with respect to two programmes, one by the name ‘Uppum Mulakum’ and the other by the name “Erivum Puliyum’ ended in a suit initiated for the grant of mandatory injunction and permanent prohibitory injunction, in which an interlocutory application was also filed for getting a temporary injunction from telecasting and airing the programme in imitation of the programme by name ‘Uppum Mulakum’ under the caption ‘Erivum Puliyum’. The trial court on hearing both the parties granted injunction in part pertaining to four episodes already covered by that time, but, refused to grant the remaining part of the injunction with respect to the programme that may be aired and telecasted in future, against which the plaintiffs came up in appeal aggrieved by the non grant of the remaining part of the injunction.

2. The plaintiffs claim copyright over their programme by the name ‘Uppum Mulakum’. It was started in the year 2015, more specifically 14.12.2015 and as on the date of the suit and interim injunction application, in and around 1206 episodes were telecasted. It is submitted that it has attracted wide appreciation from the viewers and thereby it has become one of the stellar programs telecasted by the plaintiffs. It is during the last Onam period, four episodes were telecasted by the defendants-media by using the very same characters involved in ‘Uppum Mulakum’ through the very same actors. As such, a notice was issued to the defendants to stop their programme and further telecast.

3. Originally, four episodes were telecasted using the very same characters and actors based on a normal life of a Hindu family and family issues. The family consists of members with a close resemblance of the family members involved in the theme under “Uppum Mulakum”, the stellar programme of the plaintiff/appellant media. On receipt of the notice, the defendant/respondent media changed their programme, though the earlier name “Erivum Puliyum” was adopted for telecasting further episodes, in which, the entire theme was changed from a Hindu family to Christian Anglo-Indian family with the very same actors resembling the characters employed in the programme “Uppum Mulakum” and the very same actors were employed with an addition of two or three characters in the programme of respondent/defendant company and stopped the further telecasting of earlier four episodes.

4. According to the plaintiff, the defendant/respondent has no right to proceed with their programme by name “Erivum Puliyum” since there is close resemblance of their stellar programme “Uppum Mulakum” and the actors employed are none else, the very same actors employed in their stellar programme and it may cause a reasonable doubt as to its identity that it would be the very same stellar programme of the plaintiff media. But, it is an admitted case that except the earlier four episodes, the theme employed in the programme under challenge (Erivum Puliyum) is not based on the normal sequences of issues involved in a Hindu family and its exposure, but based on a Christian Anglo-Indian family and the family issues. It is submitted that there may be some close resemblance of the theme employed. But that itself is not sufficient in order to bring out a case of violation of copy right.

5. It is submitted by the learned counsel for the plaintiffs that, what is aired and telecasted in the name and caption of ‘Erivum Puliyum’ by the defendants is the exact similar version of their stellar programme ‘Uppum Mulakum’, but, with slight variations and two other characters were also introduced for that purpose. It is submitted that it will create an opinion in the mind of viewers that both programs are in the same theme, same plot and within the very same atmosphere. The learned counsel also relied on a Division Bench decision rendered by the Bombay High Court in Zee Telefilms Ltd. & another v. Sundial Communication Pvt. Ltd. & others [2003(5) Bom.C.R.404], wherein the earlier l