Nobody has exclusivity over Shivaji Maharaj's name, says HC; grants nod to Manjrekar's film

The Bombay High Court has ruled that the name of Chhatrapati Shivaji Maharaj “in any form cannot be the subject matter of exclusivity”, clearing the path for Mahesh Manjrekar's new Marathi movie, “Punha Shivaji Raje Bhosale”, for release on Friday as scheduled.

The ruling by a vacation Bench of Justice Amit Jamsandekar, made available on Thursday, refused to grant a stay on the film's release, dismissing allegations of copyright infringement filed by Everest Entertainment LLP.

The order said the allegations of copyright infringement in the script of the two films are prima facie unsustainable and baseless.

As per the plea by Everest, the company was the sole and exclusive copyright owner of the film title “Mi Shivaji Raje Bhosale Boltoy”, which was released in 2009 along with Manjrekar's Ashwami Films.

In 2013, Everest secured all rights to the movie. The company said it learnt earlier this year that Manjrekar was working on what looked like a sequel.

The high court said in its order that Everest cannot claim any goodwill or exclusivity in 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.

Refusing to grant a stay on the release of Manjrekar's movie, the court said it was an entirely new work and not a literal imitation.

“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 said.

The court also refused to accept Everest's claims that several dialogues too have been copied by Manjrekar. It said the dialogues are regular, and common words and expressions used by every Marathi-speaking person are parts of a variety of Marathi literature, theatres and films.

The dialogues in which the plaintiff (Everest) claims copyright are not its original work, the court said.

The court further said that there has been “gross and inordinate” delay on the part of the company to seek any relief against the movie.

Courts will not be inclined to grant any interim relief, particularly when a film is about to be released in a couple of days, when it is apparent that the plaintiff has not taken prompt steps to approach the court, HC said.

“I find that the delay on the part of the plaintiff (to seek relief) is calculative. Prima facie, I find that the silence on the part of the plaintiff is a calculated move to put the Court and the defendants under pressure,” HC said.

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 added. “The litigant who adopts a relaxed approach does not deserve any equity,” Justice Jamsandekar said.

Last-hour applications seeking interim relief ought to be discouraged and rejected, especially when the delay has no explanation, it added.

As per the plea, Manjrekar has infringed upon the company's script and promotional material by making “Punha Shivaji Raje Bhosale”. Everest alleged that the storyline of Manjrekar's movie, plot, sequence of events, characters and overall narrative structure are similar to its film.

Manjrekar and the movie's producers opposed the plea, terming the allegations of copyright infringement false.

Manjrekar said Everest cannot claim any rights to the name ‘Chhatrapati Shivaji Maharaj' or ‘Shivaji Raje Bhosale'.