- (1.) In a suit for infringement of copyright in "Namastey London" (Hindi film) an interim application has been filed for interim reliefs.
(2.) The case of the petitioner is that the suit is based on five causes of action - infringement of the cinematographic film, infringement of the literary works, infringement of the dramatic works, infringement of the author's special right and passing off action. The petitioner is the producer-director of reputed Hindi films. Under the banner Block Bluster Movie Entertainers the Hindi film was released. The story concept was conceived by the petitioner while the screen play and script was created by Suresh Nair and Ritesh Shah. By assignment the said screen play and script was assigned in favour of the petitioner who has become the owner of the copyright in the literary and dramatic works. By virtue of such copyright in the literary works and dramatic works the petitioner is entitled to exclusive right to exploit and reproduce the work under the copyright laws of India.
(3.) By an arrangement the copyright in the said film vests in the proforma respondents and the petitioner and the proforma respondents are joint owners of the copyright. The said film was released on 23rd March, 2007 and was a box office super-hit. On 22nd July, 2009 the petitioner came to know that based on a similar story line of the Hindi film, a Bengali film "Poran Jaey Joliya Re" (Bengali film) was to be released on 24th July, 2009. A request was made to Ms. Jaya Banerjea who had seen the Hindi film to watch the Bengali film. On seeing the said film Ms. Jaya Banerjea informed the petitioner that the said Bengali film was a substantial copy of the Hindi film and forwarded a comparative analysis of the two films.;