Zee Telefilms Ltd. v. Sundial Communications Pvt. Ltd. (2003)
Quick Summary
Sundial pitched a Krishna-based TV concept to Zee with detailed notes and materials. Zee did not confirm, and soon a similar show was reported. The Bombay High Court granted an injunction for breach of confidence. The Court clarified: ideas alone are not copyright, but confidential information shared in trust is protectable.
Issues
- Are the rival marks/concepts similar enough to cause confusion?
- Did Zee’s use violate Sundial’s copyright?
- Was there misuse of confidential information?
Rules
- Confidentiality: Using/disclosing confidential material without consent can invite action for breach (privacy/confidence principles; IT Act values).
- Copyright Act, 1957 (ss. 13 & 51): Ideas are not protected; expression (scripts, recordings, sketches) is.
- Confusion: Similar marks/content that mislead consumers can infringe or amount to passing off.
Facts — Timeline
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Arguments
Plaintiff (Sundial)
- Shared materials were confidential and commercially valuable.
- Zee used core concept and structure without consent.
- Even if ideas aren’t copyrighted, breach of confidence protects the shared information.
Defendant (Zee)
- Ideas are free; no copyright in concepts.
- No actionable similarity; industry themes are common.
- Information was not confidential or not misused.
Judgment
The Bombay High Court granted the requested injunction. It found a breach of confidence and rejected Zee’s objections.
The Court stressed the difference between copyright (protects expression) and confidence (protects entrusted information and the circle of people who receive it).
Ratio Decidendi
Confidential information shared for a specific purpose cannot be used or disclosed without consent. Copyright does not cover raw ideas, but confidentiality can stop misuse of detailed concept materials given in trust.
Why It Matters
- Guides content pitches: use NDAs or clear confidentiality terms.
- Explains idea vs expression and when courts protect concept materials.
- Helps media companies avoid misuse claims in development pipelines.
Key Takeaways
Ideas alone aren’t copyrighted; expression is.
Confidential pitch materials can be protected.
Courts may grant injunctions for misuse of confidence.
| Issue | Court’s View |
|---|---|
| Similarity causing confusion | Actionable if it misleads public |
| Copyright in idea | No, only in expression |
| Breach of confidence | Yes, injunction granted |
Mnemonic + 3-Step Hook
Mnemonic: “PIC It Safe”
- Pitch in confidence—mark it and restrict use.
- Idea ≠ copyright; expression does.
- Confidence breached? Seek injunction.
IRAC Outline
Issue
Whether Zee misused confidential pitch materials and whether similarity created confusion or copyright breach.
Rule
Confidential data cannot be used/disclosed without consent; copyright protects expression, not ideas.
Application
Sundial’s detailed materials were shared in confidence; Zee’s similar production indicated misuse.
Conclusion
Injunction granted for breach of confidence; distinction between confidence and copyright affirmed.
Glossary
- Breach of Confidence
- Unauthorised use/disclosure of information shared in trust for a specific purpose.
- Idea–Expression Dichotomy
- Copyright protects the form of expression, not the underlying idea.
- Passing Off
- Misrepresentation causing the public to believe goods/services are someone else’s.
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