Abstract
On April 5th 2016, the Bombay High Court (hereinafter referred to as Bombay HC) denied an ad-interim application filed by Bollywood production house Arbaaz Khan Productions (hereinafter referred to as AKP) against the Tollywood production house North Star Entertainment (NSE). The plaintiff in this application claimed that the defendants infringed their protectable copyright in the Chulbul Pandey character. The court judged in favour of the defendants, denying the request, based on its finding that there is no subsistence of copyright in the stock generalities of the character Chulbul Pandey and declaring exclusive copyright in character Gabbar Singh. The case note addresses the forum’s findings in respect to the subsistence of character copyright, formulation of character copyright standards in India, the effect of the case on character copyright jurisprudence in India and finally the shortcomings of the judgment concerning the contradicting opinion of court when equated with the idea/expression dichotomy.
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