The Bombay High Court, on Thursday, ruled that the name of Chhatrapati Shivaji Maharaj “in any form cannot be the subject matter of exclusivity”, paving the way for the scheduled release of Mahesh Manjrekar’s Marathi film, Punha Shivajiraje Bhosle.
A vacation bench led by Justice Amit Jamsandekar rejected Everest Entertainment LLP’s claims of copyright infringement and allowed the release of Siddharth Bodke-led film on October 31.
The order said the allegations of copyright infringement in the script of the two films are prima facie unsustainable and baseless, according to PTI.
According to the petition, Everest claimed that by creating Punha Shivajiraje Bhosle, Mahesh Manjrekar had copied the company’s script and promotional content. The firm alleged that the new film’s storyline, plot progression, characters, and overall narrative closely resemble those of its own movie.
Manjrekar and the film’s producers, however, refuted these accusations, calling the claims of copyright infringement baseless.
As per the submissions made by Everest, the company held sole and exclusive copyright over the 2009 film Mee Shivajiraje Bhosale Boltoy, produced in collaboration with Mahesh Manjrekar’s Ashwami Films.
In 2013, Everest acquired complete rights to the movie. The firm stated that it discovered earlier this year that Manjrekar was developing what appeared to be a sequel. However, the High Court clarified in its order that Everest cannot claim ownership, goodwill, or exclusivity over the names “Chhatrapati Shivajiraje Bhosale” or “Chhatrapati Shivaji Maharaj.”
“The name of Chhatrapati Shivaji Maharaj in any form cannot be the subject matter of exclusivity,” HC said.
Denying a stay on the release of Manjrekar’s film, the court observed that the movie is an original creation and not a direct copy of any earlier work. “The well-informed and tasteful audience of Marathi films, prima facie, is not going to be confused or deceived by any of the factors alleged by the plaintiff (Everest), including the title of the film,” HC shared.
The court also rejected Everest’s allegations that Manjrekar had reproduced several dialogues from their film, noting that the lines in question consisted of common Marathi phrases and expressions frequently used across Marathi literature, theatre, and cinema.
“The dialogues in which the plaintiff (Everest) claims copyright are not its original work,” the court added.
The court noted that Everest had waited an unreasonably long time before seeking any action against the movie.
“If the threat of harm, injury and damages were so imminent, then the plaintiff (Everest) ought to have taken adequate steps in advance,” the court further said.
“The litigant who adopts a relaxed approach does not deserve any equity,” Justice Jamsandekar added.