Court Rules "Shot Squad League" Format Not Protectable Under Copyright Law
The Delhi High Court, presided over by Mr. Justice Tejas Karia, has dismissed an interim injunction application filed by Gurbaaz Pratap Singh Mann, a professional golfer, against Kunwar Raghav Bhandari and others. The case centered around the alleged infringement of copyright and trademark by the defendants in relation to the plaintiff's golf game format, "SHOT SQUAD LEAGUE" or "THE SMASH LEAGUE."
The plaintiff claimed that the defendants' game, "IGPL FLASH GOLF/SMASH FORMAT," was a reproduction of his original work, which is protected under copyright. Mann argued that his format, which involves unique team play and specialized roles for players, is a distinct and original expression deserving copyright protection.
However, the court found that the plaintiff's claims did not hold up under legal scrutiny. Justice Karia highlighted that the rules and formats of games do not constitute literary expressions protected by copyright, referencing the "Doctrine of Merger." This doctrine posits that when an idea and its expression are inseparably connected, the idea itself is not protectable by copyright law. The court noted that many elements of the plaintiff’s game are already prevalent in traditional golf formats and lack the distinct originality necessary for copyright protection.
The court further observed that the defendants had voluntarily ceased using the word "SMASH" and replaced it with "FLASH" before the lawsuit was filed. This move was acknowledged by the court, which bound the defendants to continue this practice during the suit's pendency.
The court also dismissed allegations of breach of confidentiality, as the plaintiff had publicly disclosed the game format without any confidentiality agreements.
In conclusion, the court ruled in favor of the defendants, stating that the balance of convenience was not in favor of the plaintiff, who failed to demonstrate a prima facie case of copying. The application for an interim injunction was dismissed, with the defendants' undertaking to refrain from using the contested term "SMASH" remaining in effect during the ongoing proceedings.
Bottom Line:
Copyright - No copyright protection for "rules" or "formats" of a game as they are not literary expressions but fall under the "Doctrine of Merger" unless there is a distinct and creative expression of the idea.
Statutory provision(s):
Copyright Act, 1957 Section 13, Doctrine of Merger, Code of Civil Procedure, 1908 Section 151
Gurbaaz Pratap Singh Mann v. Kunwar Raghav Bhandari, (Delhi) : Law Finder Doc id # 2881789
