V.S. Aggarwal, J.

1. M/s. Celador Productions Ltd., plaintiff has filed the present suit for a permanent injunction to restrain the defendants, his servants, representatives or distributors from running any web site using the name crorepatikaun.com or KAUN BANEGA CROREPATI as their second level domain name or using the name in any manner whatsoever, to offer on line game based on the format of the programme and its distinctive features similar to that of the plaintiff or using any other mark including a domain name which is deceptively similar to the names Who wants to be a Millionaire. It also seeks a permanent injunction to restrain the defendants, its licenses distributors etc. from advertising directly or indirectly or running any web site containing pictures/screen shots with or without circular logo having distinctive lay out and colour arrangement of Amitabh Bachan as the host of the plaintiffs game KAUN BANEGA CROREPATI or containing any on line game having similar format of the programme/questions, lifelines,money tree or other distinctive features of KAUN BANEGA CROREPATI. In addition to that damages of Rs. 5 lakhs and for delivery of all goods, games, material literature, stationary or any other infringing material in the possession of the defendants is claimed.

2. The facts alleged are that the format of the programme who wants to be a Millionaire had been devised by David Briggs, Mike Whitehill, Steve Knight and Paul Smith. The programme to Entertainment Developments Ltd., a sister company of the plaintiff by virtue of an agreement dated 20th July, 1998. David Briggs agreed to assign all the relevant rights in the format of the programme by virtue of agreement of 25th January, 1997. Paul Smith is and was the Chairman and Executive of Entertainment Developments Ltd. as well as Managing Director of the plaintiff. In this process the plaintiff claims that it is the legal and beneficial owner of the copyrights/intellectual property rights. In India rights to produce the Hindi equivalent of the programme under the title KAUN BANEGA CROREPATI have been granted to News Television India Ltd., a member of the Star TV Group.

3. It has been pleaded that programme (Who wants to be a Millionaire) is a television quiz show in which members of the public compete for cash prizes. Entry to the competition is by way of a premium rate telephone number which is widely advertised. By a combination of random selection and general knowledge questions, ten contestants are ultimately invited to take part in the first part of the programme in the studio. In this part called the Fastest Finger they are asked general knowledge questions which involve placement of sequence of four items in order. The contestant who does correctly and in the fastest time, takes the chair for the main part. The presenter asks the contestant general knowledge question and read out four potential answers etc. The competition continues with each round having won prizes. Added element of risk for the contestant is that at certain stages of competition if he gets the answer wrong he or she will loose the money. As the competition proceeds the questions are stated to become more and more difficult. It has been mentioned that each contestant is allowed to bring a friend or relative to the studio and as such the contestant takes the chair. The friend or relative is highlighted.

4. The programme KAUN BANEGA CROREPATI is produced under licence from the plaintiff is based on the original programme format referred to above. Herein also there is a short listing and firstly 10 contestants are invited and similarly as referred to above one of them who is the fastest in answering questions takes the seat. In the main part of the programme KAUN BANEGA CROREPATI the presenter is Amitabh Bachan. He asks the contestant general knowledge question and reads out four potential answers out of which only one is correct. Similarly as the question go on the prize money increases. There is an element of risk also. Another programme called KAUN BANEGA CROREPATI Junior on similar has been started.

5. Owing to popularity of the show the plaintiff produced or licensed the production of a variety of merchandise including a board game, a junior board game, a chocolate game etc. Apart from the distinctive element of the programme the plaintiff has been using a circular logo with the words Who wants to be a Millionaire written inside the circular together with other distinctive material including a number of pound signs. This distinctive logo has been modified for use in India by replacing words Who wants to be a Millionaire with Hindi equivalent KAUN BANEGA CROREPATI and by replacing the pound with symbol of rupees. The plaintiff has filed the application in India and worldwide for registration of the circular logo. The circular logo had been created in August, 1998. It has been alleged that the programme KAUN BANEGA CROREPATI has earned immense popularity. The plaintiff also has a web site and has also licensed ITV network in UK to run the website. The website has complete details about the programme i.e. the rules of programme, winners, showcase and details that could be down loaded by persons accessing the website. In May, 2001 it came to the notice of the plaintiff that defendants are running a website on a commercial basis with a similar domain name of the plaintiff game show KAUN BANEGA CROREPATI. The website of the defendant invites people to play on line game KAUN BANEGA CROREPATI. The defendants have systematically copied the trademarks, design, rights, copyrights and intellectual property rights of the plaintiff. In other words it is an exact copy of the plaintiffs programme. The defendants have copied the photographs/events from some of the episodes of the original game of the plaintiff. They have also copied circular, money tree, lifelines etc. The defendants are further stated to have opened a fan club through their website and they are charging subscription from the members. By doing these illegal acts the defendants may be earning huge profits. Despite notice the same has not been stopped and in that view of the matter the present suit for the reliefs already mentioned above has been filed.

6. The defendant failed to appear despite service of notice and was proceeded ex parte.

7. The plaintiff has placed on the record various documents in support of its contention which clearly show that the defendants are using the circular logo which is similar to that of the plaintiff. It has money tree. Similarly there is a lifeline and four possible answers. It is also projecting the photographs of Amitabh Bachan who is the presenter of the programme of the plaintiff KAUN BANEGA CROREPATI in India. It also transpires from the evidence that defendants are suing the domain name crorepatikaun.com on the worldwide web which seemingly as is apparent from the sequence of the statement of facts given above is deceptively similar to the words KAUN BANEGA CROREPATI. More so when it is read with the logo, money tree and similarity of the features thereto.

8. So far as domain name is concerned it is not subject matter of much controversy that it also gives a cause and to the same effect is the decision of this Court in the case of Yahoo Inc. v. Akash Arora, 78 (1999) DLT 285 [LQ/DelHC/1999/142] =1999 (19) PTC 201 [LQ/DelHC/1999/142] and Acqua Minerals Ltd. v. Pramod Borse and Anr., 2002 PTC 619. Since domain name is more than an interest address therefore person can certainly seek protection of its domain name. Keeping in view of the aforesaid, it is obvious that the defendants are infringing upon the copyrights and other rights of the plaintiff with respect to its programme KAUN BANEGA CROREPATI besides the domain name. It is not shown as to how the defendants can do so particularly when the logos and the names used are by and large identical with similar photographs of the presenter of the plaintiff Amitabh Bachan.

9. Accordingly the suit of the plaintiff is liable to be decreed. The defendants are restrained from directly or indirectly running any website using the name crorepatikaun or KAUN BANEGA CROREPATI as their second level domain name or using the name in any manner whatsoever, to offer on line games based on the format of the programme and its distinctive features which are confusingly similar to the programme of the plaintiff. The defendants are further restrained from running any website containing pictures with or without circular log having distinctive lay out and colour arrangement and/or photographs of Amitabh Bachan as host of the plaintiffs game KAUN BANEGA CROREPATI or photograph of any event or episode of the plaintiff game show telecasted on Star TV in India. The defendants are restrained from advertising, directly or indirectly running a website containing on line game having similar format of the programme/questions, lifeline or distinctive features of the plaintiffs game show KAUN BANEGA CROREPATI/Who wants to be a Millionaire with distinctive features as similar to that of the plaintiff.

10. Regarding the other reliefs for damages and delivery of the games material, stationary etc. the same were not pressed. There shall be no order as to costs.