Telangana High Court Sets Aside Injunction Against Kangana Ranaut's "Lock Upp Reality Show" Release

Brief Facts of the case

The suit was filed by Price media proprietary Firm for declaration and permanent injunction under Section 62 of the Copyrights Act in which it was stated that they registered the script of the concept of 'The Jail' in 2018. They could not produce the same due to lockdown and COVID-19. When they geared up to mobilize production, they came to know about the release of 'Lockupp reality show' and on seeing the promo, they found that it had totally copied the concept of 'The Jail'. They infringed the Copyright of the plaintiff and therefore were liable for consequences under Sections 51 and 52 of the Copyright Act.

The suit was filed along with an application for ad-interim injunction against the defendants from releasing, exhibiting, publishing the series in the name of 'Lockupp reality show' in theatres, OTT platforms, Youtube and electronic social media.

The ad-interim injunction was granted and aggrieved by the said order, the Civil Miscellaneous Appeal was preferred.

Contentions of both sides

Alt Digital Media Entertainment which is the Appellant filed this appeal contending that the impugned ad interim injunction order was passed without recording the reasons and without serving a notice to them and depriving an opportunity of being heard and was in violation of Order 39 Rule 3 CPC. It was stated that Respondent had not served a copy of the document on which it relied and thus, failed to discharge their duties.

It was submitted that 'Lockupp reality show' was registered under Copyright Act and the title was registered by the Indian Film and TV Producers Council in 2021.

It was further contended that Respondent filed the suit and Interlocutory Application at the eleventh hour when the public was aware that the reality show "Lockupp reality show" was going to be released. The Appellant contended that the appellant was marketing the reality show Lockupp since 02.02.2022 but the respondents approached the Court at the eleventh hour and obtained an injunction order even without issuing notice to them. As third party rights are created regarding the release of the reality show, the balance of convenience lies in the favour of the appellant.

Furthermore, 'The Jail' was registered with Screen Writers Association and not with the Copyright Board of India.

The counsel for Respondent contended that the trial court had gone through the video clippings regarding the trailer of 'Lockupp reality show' and the concept of the story of "the Jail" appeared similar. Furthermore, the aggrieved party was entitled to file vacate stay petition before the trial Court and he ought not to have invoked the jurisdiction of the High Court.

Court's Ruling

Justice P. Sree Sudha noted that no doubt the concept of 'The Jail' and the concept of 'Lockupp reality show' were registered by both parties and both spent huge amounts. However, 'The Jail' could not be produced due to lockdown, but the team of reality show of 'Lockupp'has already produced and also spent huge amounts on marketing in the month of February, 2022 and intended to live stream the show on 27.02.2022.

Therefore, the balance of convenience lies in the favour of the makers of 'Lockupp Reality Show'.

"It is not the case of respondents that they had no knowledge of the release of "Lockupp Reality Show" till 22.02.2022", the Court noted.

Thus, the ad-interim injunction granted by the trial court regarding the releasing, exhibiting and publishing the series, was set aside and the Civil Miscellaneous Appeal was allowed accordingly.

Senior Counsel, Mr. S. Ravi, D. Narendar Naik, Anuj Berry appeared for the Appellant (Alt Balaji) and opposed the said order on various grounds.

Senior Counsel Mr. Vedula Venkatarama appeared for M/s.Pride Media

Cause Title: Alt Digital Media Entertainment Limited (Alt balaji) v. Price Media & Ors.

Citation: 2022 LiveLaw (Tel) 18