O.A.No.747 of 2022

in C.S.(Comm.Div)No.231 of 2022

O.A.No.747 of 2022

in

C.S.(Comm.Div)No.231 of 2022

M.SUNDAR.J.,

The parties in this application are referred to by their

respective ranks in the main suit for the sake of convenience and clarity.

The applicants 1 and 2 in this application are plaintiffs 1 and 2 in the

main suit and 5 respondents herein are defendants 34 to 38 in the main

suit.

2. Plaintiffs have taken out this application claiming that

Plaintiff No.1 has the exclusive license to broadcast various versions and

seasons of the program titled 'Bigg Boss' in India. Plaintiff No.1 has been

granted exclusive production rights, broadcast rights and other associated

rights for 'Bigg Boss Hindi Season-16' (BBH-16), 'Bigg Boss Marathi

Season-4' (BBM-4) and 'Bigg Boss Kannada Season-9' (BBK-9), jointly

referred to as 'Bigg Boss 2022/Programs' for the territory of India and

Big Boss 2022/Programs are aired on Plaintiff No.1's channels including

Colors channels and its regional variants. It is further averred that Bigg

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O.A.No.747 of 2022

in C.S.(Comm.Div)No.231 of 2022

Boss is a reality show based on the original Dutch 'Big Brother' format

developed by the Endemol Shine IP BV i.e., Plaintiff No.2 and the show

revolves around a number of contestants, who live in a purpose-built

house and are isolated from the rest of the world. The program is also

being made available on the internet platform owned by the Plaintiff

No.1 and Plaintiff No.1 has the exclusive production rights, broadcast

rights among other rights for the territory of India. It is plaintiffs'

specific case that Plaintiff No.1 is the sole and exclusive broadcaster of

the program in India under the provisions of Copyright Act, 1957 as

amended in 2012 vide the Copyright (Amendment) Act, 2012 and as

such entitled to necessary rights vested in it vide letter dated 07.10.2022

between plaintiff No.1 and Endemol Shine Group (Plaintiff No.2).

3. It has also been averred by the plaintiffs that BBH-16 is

being aired from 01.10.2022, BBM-4 is being aired from 02.10.2022 and

BBK-9 is being broadcast since 24.09.2022.

4. The plaintiffs assert that it has acquired all Exploitation and

Distribution Rights including Television rights, Communication, Digital

and Home video. It is further asserted by the plaintiffs that all such rights

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O.A.No.747 of 2022

in C.S.(Comm.Div)No.231 of 2022

are exclusive.

5. The five respondents herein are defendants 34 to 38 in the

main suit. It is averred that there is imminent threat of infringement of

copyright in the said programs by defendants 34 to 38 who are

respondents herein.

6. I have examined the aspects of the prima facie case, balance

of convenience and irreparable injury incapable of compensation which

are necessary parameters for grant of injunction in a case of this nature.

As regards prima facie case, there is no difficulty in accepting that

plaintiffs have made out a prima facie case that it is the owner of

Copyright in the said programs. In terms of balance of convenience, if

this interim order is not granted now, it would result in the alleged piracy

being completed in all and every aspect of the matter. Thereafter, it will

lead to an irreversible situation and therefore, irreparable injury

incapable of compensation parameter has also been prima facie satisfied.

7. If notice is ordered in this application, it will entail delay

and therefore, as mentioned supra, in the light of the fact that the

programs have already been screened / broadcast, viewed in the light of

the submissions of learned counsel for plaintiffs that some pirated

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O.A.No.747 of 2022

in C.S.(Comm.Div)No.231 of 2022

versions are already surfacing in the Internet, if the possible piracy is

completed in all and every aspect of the matter, the