1. Increase in show duration from half an hour to a one-hour format.
2. Introduction of high value rewards, prizes, gifts, etc. in the form of 'Streedhan'.
3. Creation of devices such as games and situations, rituals connected with marriage, to heighten audience/viewer involvement and interest.
4. Selection process using matrimonial bureaus, web sites, dial-in in addition to direct applications.
5. Video tests and grooming of participants, designer costumes, etc. in line with popular trends.
10. Giving of gifts to the engaged couple as 'Streedhan'.
64. Mr.Sibal then contended that taking the plaintiffs' time and developed concept of real life TV show of spouse selection and subsequent reproduction of the same in the format of proposed TV show by the defendants titled Shubh Vivah amounts to infringement of plaintiffs' copyright. It was contended that when plaintiff has submitted its programme proposal for consideration, the same was done on the understanding that the broadcaster will either accept it or reject it. Therefore, the defendants by using the said information imparted to it in strict confidence by the plaintiff breached the confidence reposed by the plaintiff in them. The essential confidential aspects of the plaintiff's concept and programme which were not in public domain or common knowledge according to counsel for the plaintiff are as follows :
1. Providing a platform to young women to choose a spouse from a short list of potential suitors.
2. Involvement of parents of the girl and suitors.
3. Enabling selection of spouse through various devices.
4. Rewarding the couple after Swayamvar is concluded.
5. Selection process through matrimonial bureau, etc.
6. Empowerment of women through giving her power of selection.
7. Giving of gifts to the engaged couple as 'Streedhan'.
71. It was further contended that a studio based reality TV show on the subject matter of match making, mediation by a celebrity anchor woman cannot be called unique or novel by any stretch of imagination. It was contended that confidentiality and communication cannot hold water if the same are under public domain.
102. In view of the discussions above when concept note as well as power presentation was admitted to have been received by the defendants, it cannot be said that the defendants were under no obligation to maintain confidentiality. The argument of the defendants that once the concept was registered under the Copyright Act the same came under public domain, cannot be sustained in the eyes of law. As a matter of fact, when the concept is registered, the same is protected from public domain. Therefore, the defendants cannot be permitted to launch its proposed TV programme Shubh Vivah if the same is based on the concept of Swayamvar conceived by the plaintiff. It would have been easier for this Court if the salient features of Shubh Vivah would have been disclosed by the defendants before this Court. What has been disclosed before this Court by the defendants is that the defendants are not providing a platform to young woman to choose spouse from a shortlist of potential suitors, there is no involvement of parents of the girls and the suitors, reward to the couple after swayamvar is concluded or involvement of selection process through matrimonial bureau or giving of gifts to the engaged couples as streedhan. What is important to note is that Shubh Vivah is based on thrill of matchmaking about real life situation. Shubh Vivah based on concept of spouse selection in any form as a reality TV show cannot be permitted as that has been conceived by the plaintiff at the first instance. To depict match making in the form of a reality TV show or spouse selection, is the theme of the concept. How it is done, who plays as anchor person, gifts are given or not, may be the various elements which may differ but if Shubh Vivah is based on match making process to be televised on the TV as a real life drama, defendants cannot reap the fruits of labour put in by the plaintiff in this regard.