Diamond Comic Pvt. Ltd. and Ors. v. Raja Pocket Books and Ors.
Diamond Comic Pvt. Ltd. and Ors.
v.
Raja Pocket Books and Ors.
MANU/DE/1261/2005
Brief Facts:
- Defendant No. 3, director and producer of Serial ‘Shaktimaan’ entered into an agreement on 1st February, 1998 assigning exclusive copyright to illustrate, print and publish the character ‘Shaktimaan’ in the form of comic book.
- On 16th December, 1998, Defendant No. 3 sent a notice to the Plaintiffs for breach of agreement and terminating the assignment agreement.
- In response, Plaintiffs vide its letter dated 21st December, 1998 communicated to Defendant No. 3 that the deed of assignment was irrevocable and extended to the period subsequent to the period which was stated in the agreement.
- On 16th February, 1999, Defendant No. 3, published a notice in the issue of Indian Express that Defendant No. 3 has tied up with Mr. Vishwas Mohan of Virat Home and collaborated with Defendant No. 2 with a view to come with a new series called Virat Comics for the purpose of illustrating, printing and publishing the character ‘Shaktimaan’ in the form of comic book.
- Defendant Nos. 1 and 2 launched Comics of the character ‘Shaktimaan’.
- Thereafter, Plaintiff filed the present suit.
- The matter was proceeded ex parte .
Court’s Observations:
- Plaintiffs have established that Defendant Nos.1 and 2 did not have any right to print any comic with the character ‘Shaktimaan’ as by the deed of assignment all the rights in the character ‘Shaktimaan’ had been assigned to the Plaintiffs.
- Plaintiffs have proved that they have copyright in the character ‘Shaktimaan’ which was assigned to them by Defendant No. 3 and the agreement has not been revoked. If that be so defendant Nos. 1 to 3 have no right to infringe the copyright of the Plaintiffs in the character ‘Shaktimaan’ nor they are entitled to bring out any comic book with character ‘Shaktimaan’ or doing any act amounting to infringement or abatement to infringing of Plaintiffs exclusive copyright in character ‘Shaktimaan’.
