HC refuses to stay release of 'Don 2' for copyright violation

In a major relief to Bollywood personalities, Ritesh Sidhwani, Farhan Akhtar and Shahrukh Khan, the Bombay High Court today refused to stay the release of their forthcoming film Don 2 on a suit alleging infringement of copyright.

The suit, filed by Nariman Films and Irani family, the makers of original 1978 film Don, starring Amitabh Bachchan, had prayed that the new Don 2 had violated copyrights by adopting the Don signature tune, songs of the original Don and also copying its script, characters and music.

Hearing the plaintiffs and defendants, Justice SF Vajifdar said, he could not grant a stay on the release of the film Don 2, as theatre owners were not before the court.

The court gave this ruling while taking into consideration that the film was to be released on December 21 overseas and December 23 in India, for which, bookings had already been undertaking in theatres across the country.

In the suit, the plaintiffs have also demanded damages to the tune of Rs 200 crore.

While the court is yet to decide on the damages, the judge today ordered the makers of Don 2 to maintain and preserve all the accounts relating to the film till the matter was finally disposed of.

The film is jointly produced by actors Farhan Akhtar, Shahrukh Khan and producer Ritesh Sidhwani.

Outside the court, lawyers for the plaintiffs, Harsh Khanna and Arvind Jain, said they might file an appeal before a division bench tomorrow for relief.

The Plaintiffs submitted that in 2005, the defendants had entered into an agreement with Nariman Films to remake the film Don. However, this agreement expired in 2009. Making a remake of the original film after 2009 was an infringement of the copyright, they argued.

Pending the hearing of the suit, the plaintiffs took out a notice of motion praying that the release of film Don 2 be stayed and the defendants be restrained from using the title Don 2 or using other title, which may be deceptively similar.

Hearing the notice of motion, the court did not grant any relief, except directing the defendants to maintain the accounts of the film Don 2 till the suit was decided.

The Plaintiffs also urged for an injunction restraining the defendants from passing off the film Don 2 and/or coming out with toys, video games and comics as a sequel or in any way being associated with the original film Don.

Besides Nariman Films, the other plaintiffs include partners of this firm, namely, Salma Irani, Nadir Irani, Nadim Irani and Ms Humera Irani alias Humera S Ibrahim.

Apart from Shahrukh Khan, Farhan Akhtar and Ritesh Sidhwani, other defendants are M/s Baba Arts Ltd, Excel Entertainment Pvt Ltd, Red Chillies Entertainment Pvt Ltd and Reliance Big Entertainment Pvt Ltd.