The main legal point established in the judgment is the protection of copyright under the Copyright Act, 1957, and the recognition of the right of publicity, emphasizing the identifiability of celebrities in advertisements as a basis for infringement.

JUDGMENT :

Manmohan Singh, J.

The plaintiff has filed the present suit seeking permanent injunction restraining the infringement of copyright, misappropriation of personality rights, passing off damages, rendition of accounts of profit, delivery up, etc. The plaintiff is a company registered under the Indian Companies Act, 1956 having its corporate office at Golden Enclave, Tower "A" Airport Road, Bangalore and its regional office is at 2 A, Old Ishwar Nagar, Main Mathura Road, New Delhi. Plaintiff was established in the year 1987 as a joint venture between TATA group and the Tamil Nadu industrial Development Corporation (TIDCO) and is engaged in manufacturing and marketing watches, clocks and jewellery.

2. Some of the brands owned by the plaintiff for its range of products include TITAN, SONATA, FASTRACK, XYLYS, RAGA, OCTAIN, REGALIA, TITAN EYE+, ZOOP! For watches and clocks; ZOYA, GOLD PLU+ and TANISHQ for jewellery amongst several other brands.

3. According to the plaintiff, the plaintiff has a well known brand name TANISHQ in relation to jewellery. This year TANISHQ is endorsing Mr. Amitabh Bachchan and Mrs. Jaya Bachchan for its diamond jewellery collections. The agreement dated 17.03.2011 between the plaintiff and Mr. Amitabh Bachchan is called as "Agreement For Services" for engagement of Mr. Amitabh Bachchan and Mrs. Jaya Bachchan for promoting and marketing the plaintiff's jewellery under the brand name TANISHQ. The relevant terms of the Agreement for Services are as follows:

9. INTELLECTUAL PROPERTY

(i) AMITABH BACHCHAN acknowledges, represents and undertakes to TITAN that all the intellectual Property Rights in relation to the SERVICES to be performed hereunder by AMITABH BACHCHAN shall vest solely and fully with TITAN and AMITABH BACHCHAN shall have no right whatsoever in respect of the work, materials or any other product produced as an outcome of the SERVICES or incorporates any part of the services performed by AMITABH BACHCHAN ("Materials")....

(ii) AMITABH BACHCHAN acknowledges that any work conceived, created reduced to any medium of expression and/or delivered as part of the delivery of SERVICES pursuant to this Agreement by AMITABH BACHCHAN shall be works made for hire to the extent permitted by law, and shall at all times be the sole and exclusive property of TITAN. Where such work does not qualify as works made for hire, AMITABH BACHCHAN shall be deemed to have assigned all right, title and interest in and to such work exclusively to TITAN.

(iii) TITAN retains the first and sole right to exercise all copyrights in all work/material conceived, created, reduced to any medium of expression and/or produced pursuant to this Agreement....

(iv) By this Agreement, AMITABH BACHCHAN irrevocably and unconditionally waives and renounces all rights (including but not limited to, moral rights) under all laws, which may now or hereinafter be recognized, in all work performed or delivered by him during the course of the delivery of SERVICES hereunder.

(v) Notwithstanding anything contained anywhere in the agreement, TITAN irrevocably agrees to exploit any of the services, including but not restricted to services rendered under this agreement which is construed as work for hire or collectively as materials during the term only....

4. The said advertisement focuses on generating awareness and educating consumers on diamond jewellery particularly about the 4 C's, which are necessary to identify the quality of diamond, being cut, clarity, colour and carat of the diamond. The advertisement has been displayed extensively through several mediums, with the star couple personally promoting and advertising TANISHQ jewellery.

5. It is averred in the plaint that plaintiff's TANISHQ jewellery is extensively publicized through print and electronic media. Over the years plaintiff has invested heavily in advertising and promoting its brands through celebrities and promoting its TANISHQ jewellery and for this Diwali season, it launched Mr. Amitabh