Zee Telefilms v. Sundial Comm. Pvt. Ltd. (2003 Bom 344)

FACTS:

The Plaintiffs (Sundial Communications), involved in video making and serial production, created a concept titled “kanhaiyaa” (later changed to “Krish Kanhaiyaa”), a production on Lord Krishna: A detailed brief of the notes, recordings, character sketches, and plots was sent to the Defendants (ZEE Telefilms Ltd.) for a collaboration: After the meeting, the Defendants sent no confirmation: The Plaintiffs approached Sony Entertainment Television, who refused a collaboration, informing the Plaintiffs of a similar production being taken place by the Defendants: The Plaintiff filed a suit on the basis of misusing confidential information and infringement of copyrights: The matter was heard in the High Court of Bombay:

RULE:

The Principle of Confidentiality, ensued in Article 21 of the Constitution (Right to Privacy) and the Information Technology Act 2000, states that when information is disclosed or used without the data owner's permission, he is entitled to take legal action: Section 51 and Section 13 of the Copyright Act 1957 state that an idea is not protected by a copyright; it only becomes a copyright when the idea is embodied in a tangible form:

ISSUE:

Whether there are similarities between the two contended marks and do they create confusion?: Whether the Defendant's mark violates the copyright of the Plaintiff?: Whether there was a misuse of confidential information or not?:

HELD:

The High Court of Bombay held that the prayed injunction could be granted since there was a breach of confidentiality, and it rejected all contentions by the Defendants and held that the idea created by the Plaintiffs was novel: The Court pointed out the stark difference between the breach of confidence and the law of copyright and stated that a breach of confidence does not only extend to the work but also to the various persons to whom the information is given: The court observed that the law did not recognise property rights in abstract ideas nor was an idea protected by a copyright: It became copyrighted work only when it was given embodiment in a tangible form: But where the plaintiff had developed an idea into various concept notes, character sketches, detailed plot of episodes they would become subject matter of copyright protection: