'Shamshera' to be released on OTT

[Bikramjeet Singh Bhullar v Yash Raj Films & Ors]

Interesting observations of Delhi high Court

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Plaintiff has been unable to make out a prima facie case of copyright infringement and thus no relief can be granted in favour of the Plaintiff injuncting the Defendants from continuing with the telecast of their film on the OTT Platforms.

– Delhi High Court

NO INTERIM INJUNCTION

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father-son story where the two look alike; use of children, birds, hot oil, horse, underground tunnels and the plot based on son’s revenge and rebellion against foreign invasions, which is common to most Bollywood movies and agreeing with the Plaintiff would amount to granting monopoly over ideas, which would be contrary to the principles elucidated in R.G. Anand (supra).

– Delhi High Court

NO MONOPOLY ON IDEAS

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there can be no quarrel with the proposition that it is the quality and not the quantity of similarity which is the benchmark, which the Plaintiff fails to achieve.

– Delhi High Court

LACK OF DISTINCTIVENESS IN SHARED ELEMENTS

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